Supreme Court Pulls Up Rajasthan For Failing To Implement 1% Reservation For Blind Candidates In 1999 RPSC Recruitment

The Supreme Court recently pulled up the State of Rajasthan for not complying with the requirement of 1 percent reservation for persons suffering from blindness in state services in the 1999 recruitment process conducted by the Rajasthan Public Service Commission (RPSC).A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih was dealing with an appeal by...

In Absence Of Fraud, Mischief, Misrepresentation, Public Employment Can't Be Terminated, Reiterates Rajasthan High Court

Rajasthan High Court has affirmed that public employment of individuals granted on merit, without any fraud, mischief, misrepresentation or mala fide on part of the employee, could not be terminated only on the ground of revision in the cut off marks that too at a quite belated stage.The bench of Justice Vinit Kumar Mathur observed that while exercising its powers under Article 226, the Court...

Supreme Court Upholds Quashing Of Disciplinary Proceedings Against Professor Who Couldn't Join Duty Due To COVID

The Supreme Court recently upheld the Kerala High Court's decision quashing the termination of an Assistant Professor who was unable to resume his duties after Leave Without Allowance (LWA) due to COVID-19 pandemic. A bench of Justice PS Narasimha and Justice Pankaj Mithal noted that the relevant disciplinary provision - Rule 15(2)(a) of the Kerala Civil Services (Classification, Control...

Supreme Court Dismisses Plea Of Ex-Vigilance Commissioner For Chief Secretary's Pay Scale

The Supreme Court dismissed an appeal by a former State Vigilance Commissioner of Nagaland seeking a pay scale equivalent to that of the Chief Secretary of the State observing that he is not entitled to the Chief Secretary's pay scale merely because some predecessors were getting that pay scale.A bench of Justice Hima Kohli and Justice Sandeep Mehta observed that the appellant...

Voluntary Resignation Results In Forfeiture Of Past Service, Employee Not Entitled To Pension Benefits: Gauhati High Court

A single judge bench of the Gauhati High Court comprising of Justice Kardak Ete, while deciding writ petition held that an employee is not entitled to pensionary benefits if they submit a voluntary resignation, which results in the forfeiture of their past service. Background Facts The employee joined the Central Reserve Police Force (CRPF) as a Constable on August 6, 2000. He...

Contractual Employee Not Appointed Against Regular Post Can't Seek Permanent Employment On Basis Of Mere Contract Extension: MP High Court

The Madhya Pradesh High Court recently said that a contractual employee cannot claim regularization and merely because he has continued beyond his period of employment would not entitle him to become a permanent employee. The observation was made by a division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf while allowing the State's appeal against an order of a...

Termination order Casting Stigma, There Should Be Proper Enquiry, Andhra Pradesh High Court Reiterates

A single bench of the Andhra Pradesh High Court, comprising Justice Subba Reddy Satti while deciding the writ petition has held that when a termination order is based on allegations that could be stigmatic, it must be treated as punitive. Accused employee must be provided with opportunity to be heard. Background Facts The Petitioner was employed as a Contract Residential Teacher...

Findings In Criminal Trial Should Have Bearing On Disciplinary Proceedings In Case Of Identical Charges:Calcutta High Court

A division bench of Calcutta High Court comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee while deciding writ petition held that the findings in criminal trial should have bearing on disciplinary proceedings, especially when the charges are identical or closely related. Background Facts The employee was appointed as a laborer (Group-D) in the Indian...

Absence Of Clear Guidelines For Recruitment Documents, Gauhati High Court Directs Appointment Of Applicant

A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding a writ petition held that in the absence of clear and proper guidelines for recruitment documents, an applicant cannot be denied appointment to the job post. Background Facts An advertisement was published on 24th June 2020 for filling 344 posts of Junior Engineer (Civil) under...

Employee Cannot Be Denied Pension Due To Employer's Failure To Allot General Provident Fund Number: Allahabad High Court

In a case where an employee did not make any contribution to the General Provident Fund because he was not allotted a GPF number by the employer, the Allahabad High Court has held that the employee cannot be denied pension due to the fault of the employer.Justice Subhash Vidyarthi held: “Firstly, the deduction toward General Provident Fund is not a condition precedent for eligibility to...

Seniority Of Employees Must Not Be Compromised While Making Transfers: Allahabad High Court

The Allahabad High Court has observed that where transfer is permissible, the employees must be transferred at the same post which they were originally serving at. It has been held that the seniority of employees must not be compromised.Justice Ajit Kumar observed that “transfer though is permissible within the distribution company but in no circumstances, seniority of employees should...

When Non-Renewal Of Employee's Contract Is For Disciplinary Reasons, Formal Enquiry Is Necessary : Supreme Court

The Supreme Court on Thursday emphasized that mere non mention of background situation in a termination order does not make it non-stigmatic and the court can look into the context to determine the true nature of the termination order.“the form of an order is not its final determinant and the Court can find out the real reason and true character behind terminating/removing an employee”,...