Right To Be Considered For Promotion Survives Retirement, Persists Even If Legitimate Claim Not Acted Upon by Employee While In Service: Orissa HC

Orissa High Court: A Single Judge Bench of Justice Sashikanta Mishra dismissed the claim of Somanath Mandal, a retired employee of the Orissa University of Agriculture and Technology (OUAT), for a notional promotion. However, the court directed the university to investigate whether vacancies in the unreserved (UR) category existed during the relevant period. The court held that an...

Orissa High Court Quashes 13-Year Suspension Penalty On Revenue Inspector After Acquittal In Corruption Case; Orders Full Financial Benefits

Orissa High Court: A Single Judge Bench of Justice Murahari Sri Raman quashed the punishment imposed on Kansari Behera, a retired Revenue Inspector, for treating the suspension period from 30.09.2000 to 30.09.2013 as non-duty. The court held that the disciplinary authority violated the law by failing to comply with an earlier appellate order and emphasized that Behera's acquittal in...

Voluntary Retirement Scheme Does Not Extinguish Employee's Right To Challenge Disciplinary Penalties: Delhi HC

A division Bench of Delhi High Court comprising Justice C. Hari Shankar and Justice Sudhir Kumar Jain, ruling on an appeal filed by BSES Rajdhani Power Ltd., upheld a previous order favoring D.P. Sharma, an ex-employee. The court rejected BSES's claim that D.P. Sharma forfeited his right to challenge disciplinary actions after opting for a Special Voluntary Retirement Scheme (SVRS),...

Kerala High Court Upholds Probation Requirement For Transfer Recruitment In Nursing Officer Posts; Distinguishes It From Previous Precedents

A division Bench of Kerala High Court consisting of Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a series of petitions filed by nursing officers challenging the Kerala Administrative Tribunal's ruling. The petitions questioned the Kerala Public Service Commission's (KPSC) rejection of their applications for transfer appointments, which were turned down on...

Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Sanjeev Narula, while deciding writ petition held that the personal information of employees like service records, copies of promotion & financial benefits can't be disclosed under the RTI Act. Background Facts On April 19, 2017, respondent No. 3 submitted an RTI application. It was sent to the Public...

Reinstatement Is Not Automatic; Madhya Pradesh High Court reiterates

A Single Bench of Madhya Pradesh High Court, comprising Justice G.S. Ahluwalia heard a petition filed under Article 227 of the Constitution of India, against an order passed by the Labour Court. The judgement dealt with a case pertaining to procedural defects in termination of a short-term employee and held it violative of Section 25-F of the Industrial Disputes Act,...

Delhi High Court Grants Compassionate Allowance To Widow Of Dismissed Employee

A Division Bench Delhi High Court consisting of Justices C. Hari Shankar and Dr. Sudhir Kumar Jain ruled in favour of Usha Devi, directing the Union of India to grant her compassionate allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972. This decision overturned the rejection of her plea by the Central Administrative Tribunal (CAT), which had previously denied...

Anganwadi Workers Can Earn From Other Sources As Recompense From Anganwari Work Is Meagre: Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain has held that Anganwadi workers can have a source of additional income apart from Anganwari work. The Bench stated that it is not possible for Anganwadi workers to sustain themselves or their families from the salary earned by them as Anganwari workers and having more sources of income won't...

Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court

A single Bench of Kerala High Court comprising Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher...

Gujarat High Court Quashes Overtime Wage Award To Surat Fire Brigade Employees; Evidence Found Insufficient

A Division Bench of Gujarat High Court comprising Justice A.S. Supehia and Justice Gita Gopi overturned the Industrial Tribunal's award that directed the Surat Municipal Corporation to pay overtime wages to fire department employees. The court held that there was no sufficient evidence to prove that the employees had worked overtime beyond their 12-hour shifts between 2001 and 2017. It...

Bombay High Court Upholds MSRTC's Right To Dismiss Conductor For Repeated Misconduct; Domestic Inquiries Do Not Require The Same Standard Of Proof As Judicial Proceedings

A Single Bench of Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Road Transport Corporation (MSRTC). It set aside the Industrial Court's order and reinstated MSRTC's right to dismiss a conductor, Raghu Deu Mongal, for serious misconduct. The court held that the domestic inquiry was fairly conducted and the punishment...

Bombay High Court Overturns Labour Court's Reinstatement Of Typist; Clarifies Regularization Criteria To Contractual Workers In State Instrumentalities

A Single Bench of the Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Electricity Board (MSEB) and overturned a Labour Court award that had directed the MSEB to reinstate Suchita Vijay Surve as a permanent employee with 50% back wages. Surve had worked as a typist on a contractual basis for the Board and had sought permanency after six...