Labour & Service
Anganwadi Workers With Degree Not Barred From 29% Quota For Supervisors In Kerala: Supreme Court
The Supreme Court has held that Anganwadi Workers possessing a graduate degree are not barred from competing for the 29% quota earmarked for workers with SSLC qualification and 10 years' experience for appointment as Supervisors under the Integrated Child Development Scheme (ICDS). The Court clarified that the additional 11% earmarked for graduates is only an exclusive channel for them, and...
Denial Of Compassionate Appointment To Higher Post Despite Educational Qualifications & Eligibility Is Arbitrary: Andhra Pradesh HC
A Division Bench of the Andhra Pradesh High Court comprising Justice R Raghunandan Rao and Justice T.C.D.Sekhar held that a candidate appointed on compassionate grounds cannot be denied appointment to a higher suitable post matching his educational qualifications by wrongly applying rules for promotion. Background Facts The petitioner's father was working as an Examiner of Copies...
Anganwari Helper Has Preferential Right For Promotion As Worker, Transferee Can't Claim Post: HP HC
A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi held that if a vacancy arises at an Anganwari Centre, the existing Anganwari Helper has a preferential right to be considered for promotion as Worker and such right cannot be defeated by a transfer on marriage grounds which is only recommendatory and...
Reversion For Lack Of Qualification After 18 Service Valid, But Pension Can Be Fixed Based On Higher Post: Andhra Pradesh HC
A Division Bench of the Andhra Pradesh High Court comprising Justice R. Raghunandan Rao and Justice T.C.D. Sekhar held that a government employee wrongly promoted without requisite qualification can be reverted, but if there is no fraud then recovery of salary is impermissible and pension can be fixed on the basis of higher post. Background Facts The petitioners were...
Banks Must Show Empathy Toward Employees With Medical Ailments; Can't Rigidly Follow Transfer Circulars: Rajasthan High Court
While setting aside transfer of a SBI employee from Jaipur to Hyderabad who was suffering from a medical ailment that resulted in damage to his body, the Rajasthan High Court has held that banks must take a pragmatic approach and show empathy towards their employees. The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma opined that for postings...
Service Benefits To Missing CRPF Constable's Father Can't Be Denied For Want Of Lodging Separate FIR: Telangana High Court
The Telangana High Court has held that the father of a CRPF constable who went missing while undergoing training cannot be denied service and pensionary benefits merely because he did not separately lodge a missing complaint. In doing so the Court quashed the constable's ex parte removal from service, holding that the force could not evade responsibility after its own authorities had reported...
To Dismiss Public Servant Without Dept Enquiry, Sufficient Cause Must Be Shown : Supreme Court Reinstantes Delhi Police Officer
The Supreme Court on Thursday (March 12) observed that the power to dismiss a government servant from service without holding a departmental enquiry cannot be exercised on mere presumption that conducting such an enquiry is not reasonably practicable. The Court added that the decision of the authority to dispense with the requirement of holding an enquiry before dismissing a government...
Seniority Of Direct Recruits Counts From Initial Appointment, Not Probation Completion : Supreme Court
The Supreme Court had ruled that the seniority of directly recruited Assistant Engineers in the Tamil Nadu Electricity Board (TNEB) must be counted from the date of their initial appointment, including the training period, and not from the date they commenced probation after completing training.A bench of Justices Rajesh Bindal and Vijay Bishnoi set aside the Madras High Court's division...
State Can Order Reassessment Of Disability Certificates Of Employees Appointed Under PwD Quota To Prevent Fraudulent Claims: Rajasthan HC
The Rajasthan High Court rejects a bunch of petitions, challenging the State's order of compulsory reassessment of benchmark disabilities of persons who, during the last 5 years or more, were employed under the PwD category, opining that it was the State's duty to ensure that reservation policies were implemented in a legal and transparent manner, ensuring equality and fairness. “A humane...
Minor Below Minimum Age Prescribed For Applying At Time Of Employee's Death Can't Seek Compassionate Appointment: Rajasthan High Court
The Rajasthan High Court has held that even though compassionate appointments are made to mitigate the hardship suffered by the family of the deceased employee, the Government could not be compelled to wait indefinitely until the child of the deceased, who was minor at the time of death, attains majority for submitting the application for employment. The bench of Justice Kuldeep Mathur...
Non-Disclosure Of Minor Criminal Cases Leading To Acquittal Should Not Automatically Lead To Termination: Sikkim High Court
The High Court of Sikkim has set aside the termination of a constable employed in the Sashastra Seema Bal (SSB), holding that suppression of minor criminal cases which ultimately resulted in acquittal should not automatically lead to termination from service. The Court emphasized that authorities must evaluate the nature of the offence, the nature of the post, and the socio-economic background...