Vitiated Enquiry ; Patna High Court Allows Writ Petition By Employee, Orders To Grant All Benefits Due.

A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha, while deciding a writ application held that departmental proceedings for an order of dismissal from service can only be initiated with the approval of the state government.Background Facts An employee filed a writ application for reinstatement, which was allowed by an order dated 23.09.2010 without...

Complaint U/s.29 Of Industrial Disputes Act Must Contain Specific Pleadings Regarding Breach: Supreme Court

The Supreme Court on Tuesday (July 30) quashed criminal proceedings initiated under Section 29 (penalty for breach of settlement or award) of the Industrial Disputes Act, 1947 (ID Act) observing that the complaint did not contain specific pleading regarding breach of settlement or award binding on the accused employers.A bench of Justice Abhay Oka and justice Augustine George Masih set aside...

Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court

The Supreme Court on Monday (July 22) observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.A bench of Justice Surya Kant and Justice Ujjal Bhuyan upheld MP High Court's order directing the regularisation of appointment of...

Non-Govt Employee Receiving Annual Increments Is In “Permanent Job” For Grant Of Future Prospects In Motor Accident Claim: MP High Court

In a significant ruling, the Madhya Pradesh High Court addressed whether only government servants qualify as being in “permanent job” for the purpose of grant of future prospects in motor accident compensation claims.Bench of Justice Achal Kumar Paliwal held that if a person is in such a job wherein his salary is increased periodically or receives annual increment etc., then, such...

Degree Holder Can't Claim Post Reserved For Diploma, If Higher Qualification Is Not Equalised: Patna High Court

A division bench of the Patna High Court comprising the Chief Justice and Justice Harish Kumar, while deciding Letters Patent Appeal, held that an applicant with a higher qualification is not eligible for job requiring lower qualifications if there are no specific provisions where higher qualifications are explicitly recognized or equated with lower qualifications. Background...

Submitting False Injury Report Highly Despicable, Dereliction Of Duty: Rajasthan HC Affirms Compulsory Retirement Of Medical Officer

Rajasthan High Court refused to grant relief to the medical officer who had committed dereliction of duty by submitting a factually wrong injury report in a case. Frowning upon the conduct as highly despicable, the Court observed that for such conduct, compulsory retirement was not a disproportionate punishment warranting any interference of the Court. It was held:“It is apparent that...

'No Work-No Pay' Principle Not Applicable To UP Govt Employees Reinstated After Full Exoneration: Allahabad High Court

The Allahabad High Court has held that an employee who has been fully exonerated of the charges against him and has been subsequently reinstated is entitled to full pay for the period he was out of service by virtue of Rule 54 of the Financial Hand Book Volume-II (Part II to IV).Rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been...

Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court

The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications.“pay parity cannot be claimed as an indefeasible enforceable right save and except where the Competent Authority has taken a conscious decision to equate two...

Doctrine Of Merger Won't Apply If SLP Was Dismissed Without Granting Leave Whether By Reasoned Order Or Not : Supreme Court

The Supreme Court on Monday (July 15) explained that when a petition for special leave to appeal is allowed by the court, the impugned judgment gets merged with the decision of the Supreme Court in the appeal arising from the SLP.“once leave has been granted in a Special Leave Petition, regardless of whether such appeal is subsequently dismissed with or without reasons, the doctrine of...

CAT Order To Consider Employee's Plea For Voluntary Retirement Is Binding, Authority Cannot Direct Compulsory Retirement Instead: Karnataka HC

The Karnataka High Court has said that directions passed by the Central Administrative Tribunal (CAT) to consider the representation for voluntary retirement made by an employee are binding and authorities cannot instead direct compulsory retirement without considering the plea for voluntary retirement.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde, said thus...

Long Period Of Service, Gauhati High Court Directs Consider Regularization Of Employee Within 12 Weeks

A single judge bench of the Gauhati High Court comprising of Justice Kakheto Sema, while deciding writ petition directed to consider regularization of workers in temporary or casual positions for an extended period, to receive pensionary benefits after retirement. Background Facts The employee was appointed as a contingency Peon on a fixed pay of Rs. 375/- per month by the...

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution.The bench of Justice Ganesh Ram Meena was hearing a petition filed...