Chronic Vacancies And Essential Service Needs Justify Regularization Of Contract Employees Despite Article 320: Madras HC

Madras High Court: A Division Bench of Dr. Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's (CAT) order directing the regularization of contract Veterinary Assistant Surgeons who had served in Puducherry for nearly two decades. Despite objections from UPSC regarding Article 320 requirements, the Court found that the...

When Previous Employer Accepts Resignation, New Employer Can't Deny Appointment To Selected Employee : Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Jyoti Singh, while deciding writ petition held that if an employee has already been relieved by the previous employer, then the new employer can't deny appointment to employee who has passed the selection process. Background Facts The employee was working as a General Manager (Finance) at Brahmaputra...

Promotion Can't Be Denied Due To Reasons Beyond Candidate's Control; Delhi High Court Grants Promotion To Army Officer

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted retrospective promotion to an officer in the Central Reserve Police Force who was earlier denied the same. The Petitioner was posted abroad which resulted in him being ineligible due to not falling within the “10 years Group 'A' service” which was a mandatory condition as per...

Challenge To Nine-Year-Old Appointment Through New Petitioners Not Possible If Earlier Petitions Were Dismissed For Delay: Kerala High Court

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a writ appeal challenging the Single Judge's order that had directed fresh consideration of representations against a professor's appointment. They held that matters settled through earlier Public Interest Litigations cannot be re-agitated through fresh proceedings, even...

Bank Can't Withhold Superannuation Benefits Explicitly Granted In Removal Order Despite Ongoing Service Dispute:MP High Court

Madhya Pradesh High Court: A Division Bench comprising Justice Sunita Yadav and Justice Milind Ramesh Phadke partially allowed a writ appeal challenging the Single Judge's order that had directed the appellant to raise an industrial dispute regarding his superannuation benefits. The Court held that when a removal order explicitly grants superannuation benefits, these cannot be...

Acceptance Of Qualifications At Time Of Appointment Can't be Questioned After 30 Years, Unless Fraud Is Alleged:MP High Court

Madhya Pradesh High Court: A Single Judge Bench of Justice Vivek Jain partially allowed a writ petition challenging an inquiry into a disability certificate submitted for employment three decades ago. The court held that while authorities can investigate allegations of forgery, they cannot question the acceptability of qualifications that were accepted at the time of appointment after...

Prior Period Service Must Count Towards ACP/MACP Benefits For Absorbed Employees: Patna High Court.

Patna High Court: A Single Judge Bench of Justice Harish Kumar directed the State of Bihar to count the petitioner's prior service period before retrenchment for granting Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) benefits. It held that the principles applicable to fresh appointments do not apply to cases of absorption of...

UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court

Bombay High Court, Aurangabad Bench: A division bench of Justices Mangesh S. Patil and Shailesh P. Brahme ruled that the University Grants Commission (UGC) Ph.D. requirement for promotion to Associate Professor, introduced in 2018, applies prospectively and does not impact faculty who qualified under earlier regulations. The State of Maharashtra was directed to review the...

Supreme Court Validates Different Grade Pay For Artificers III To I; Promotional Hierarchy Justifies Pay Distinction In Navy's Pay Grade

Supreme Court of India: A Division Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan dismissed appeals challenging the Armed Forces Tribunal's order regarding grade pay disparity between Navy Artificers and Chief Petty Officers. The Court held that despite equivalence in seniority ranking, the difference in grade pay was justified due to the promotional hierarchy within...

Courts Can't Direct Promotions Outside Established Rules And Seniority Framework: Madras HC

Madras High Court: The Court held that a Water Pump Operator's promotion to Sanitary Supervisor and subsequent reversion must be evaluated within the framework of the Tamil Nadu Town Panchayat Establishment Rules. Since the position of Water Pump Operator (that the petitioner undertakes) is not among the designated feeder posts (Public Health Workers, Sanitary Workers, or Scavengers)...

Indefinite Probation Extension Beyond Regulatory Limits Invalid; Bombay HC Reinforces Procedural Safeguards

Bombay High Court: A Division Bench comprising Justice Ravindra V. Ghuge and Justice M.M. Sathaye ruled that Mumbai Port Authority's (MbPA) termination of a Chief Law Officer's probation based on an internal inquiry report without due process was stigmatic and unjustified. The Court found that the indefinite extension of probation violated the Mumbai Port Trust Employees Regulations,...

Non-Speaking Dismissal Orders And Procedural Lapses In Disciplinary Proceedings Violate Natural Justice: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sanjay Dwivedi invalidated the dismissal of a Bhopal Development Authority (BDA) employee, finding significant violations of natural justice principles. The court held that the disciplinary proceedings against Vijay Singh Yadav were fundamentally flawed due to the absence of witness testimony, failure to provide essential...