Labour & Service
Compassionate Appointment Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad
The Central Administrative Tribunal, Allahabad single bench of Justice Om Prakash (Judicial Member) held that compassionate appointment is not an absolute right and is given to family members of the deceased employee to overcome 'sudden' crisis.Brief Facts: The father of the Applicant was serving in the Defense Department. He passed away in a road accident. The mother of...
Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court
A single judge bench of the Kerela High Court comprising of Justice G. Girish in the case of Area Manager, Food Corporation of India vs P.T. Rajeevan has held that the right of the employee to seek treatment from the hospital of his choice cannot be curtailed by the circulars issued by employer Background Facts P.T. Rajeevan (Respondent) was working as a head load worker in the...
Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC
A division bench of the Bombay High Court comprising of Justice Avinash G. Gharote and Justice. M.S. Jawalkar while deciding a writ petition in the case of Sau. Asha wd/o Haridas Katwale & Ors. v. The Manager (Mines), M/s Wester Coalfields Ltd. Bhadrawati & Ors. has held that compassionate appointment can only be claimed in accordance with the existing policy and not as a matter...
Labour & Service Weekly Round-Up: 28th April to 5th May 2024
Delhi High Court Burden Of Proof In Establishing Employer-Employee Relationship Rests With Party Claiming It, Delhi High Court Dismisses Writ Petition Filed By Workmen Case Title: Kanchanjunga Building Employees Union Vs Kanchanjunga Flat Owner's Society & Anr Citation: 2024 LiveLaw (Del) 543 Case Number:W.P.(C) 6193/2008 The Delhi High Court single bench of...
Petitioner's Qualifications Should Not Be A Barrier To Compassionate Appointment: Madras HC
A single-judge bench of the Madras High Court comprising of Justice L. Victoria Gowri while deciding a writ petition in the case of B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors has held that the petitioner's qualifications should not be a barrier to compassionate appointment.Background of FactsThe father of B. Saravanan (Petitioner) worked as a cook in the...
The Terms And Conditions Can't Be Challenged After Appearing In Exams And When The Results Are Declared: CAT Allahabad
The Central Administrative Tribunal Allahabad bench of Justice Rajiv Joshi (Judicial Member) and Dr. Sanjiv Kumar (Administrative Member) held that once the terms and conditions of the advertisement/notification have been accepted by the candidate, it cannot be challenged after appearing in the examination and when the results have been declared. Further, it held that the...
Daily Wager Employed By State Without Issuance Of Advertisement Or Selection Process Isn't Entitled To Claim Protection From Retrenchment: Gauhati High Court
The Gauhati High Court single bench of Justice Michael Zothankhuma dismissed a writ petition noting that neither an advertisement was issued, nor any selection process was followed before engaging the employee as an occasional daily wager. It further held that State Bank of India (SBI) is State under Article 12 of the Constitution. Therefore, it would have to make appointments...
Tribunal Has Right To Quash And Set Aside Disciplinary Authority's Orders If They Contravene Settled Principles Of Law Or Principles Of Natural Justice: Jodhpur Central Administrative Tribunal
The Central Administrative Tribunal Jodhpur bench of Justice Rameshwar Vyas and Dr. Amit Sahai held that it may not serve as an appellate authority over decisions made by other appellate bodies but it possesses the authority to annul and invalidate disciplinary orders issued by the disciplinary authority if they contravene well-settled principles of law and violate the principles...
Payment Of Gratuity Act, 1972 Has An Overriding Effect On CCS Pension Rules, 1972: Central Administrative Tribunal, New Delhi
The Central Administrative Tribunal Principal Bench, New Delhi bench of Pratima K. Gupta (Judicial Member) held that the Payment of Gratuity Act, 1972, being an act of Parliament will have an overriding effect on the CCS Pension Rules, 1972. The CCS Pension Rules, 1972, refer to the Central Civil Services (Pension) Rules, which outline the provisions for the pension and...
Immediate Financial Hardship' Faced By Family Is Guiding Principle For Offering Compassionate Appointment: New Delhi Central Administrative Tribunal
The Central Administrative Tribunal Principal Bench, New Delhi bench of Dr. Chhabilendra Roul (Administrative Member) held that the primary criterion for granting compassionate appointment to the eligible member of a deceased government employee's family is the “immediate financial hardship” faced by the family. The bench held that the mere passage of time or the fact that a...
Domain Of Department To See Where, When, And How Its Employee Can Be Posted, Judicial Review Of Transfers Is Limited: Central Administrative Tribunal Ahmedabad
The Central Administrative Tribunal Ahmedabad bench of Umesh Gajankush (Judicial Member) held that it is the domain of the employer/department to see where, when, and how its employee can be posted. The bench held that judicial review of transfers is limited and can only be contested on grounds of incompetency or malfeasance. Brief Facts: The matter pertained to a transfer...