Right To Be Considered For Promotion Is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court

The Himachal Pradesh High Court held that an employee's right to be considered for promotion is a legitimate expectation which can't be taken away merely because another employee is transferred to the post on the grounds of marriage. The Court further clarified that administrative transfers should not be used in a manner that defeats an employee's legitimate expectation of career...

Documents Collected During Investigation Are Not Evidence In Departmental Inquiry Unless Proved By Competent Witness: Bombay High Court

The Bombay High Court has held that findings in a departmental inquiry cannot be based merely on documents collected during an investigation unless their contents are proved through competent witnesses who can speak to their authenticity. The Court observed that the Enquiry Officer has duty to arrive at a finding upon taking into consideration the materials brought on record by the parties....

Termination Valid If Job Was Secured Using Certificate From Unrecognised Board: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a writ petition challenging the termination of a Junior appointed by the Himachal Pradesh State Electricity Board Ltd., holding that the employer was justified in terminating the services of a candidate who had secured employment based on a matriculation certificate issued by an unrecognised board. Justice Ajay Mohan Goel remarked that: “As...

Home Guards Entitled To Duty Allowance Equivalent To Minimum Pay Of Police Personnel: Gujarat High Court

The Gujarat High Court has directed the State Government to increase the duty allowance payable to Home Guards so that it matches the minimum pay received by police personnel, holding that the State cannot disregard binding directions issued by the Supreme Court on the issue.A Single Judge Bench of Justice Maulik J. Shelat held that the State's continued payment of a daily allowance of ₹450...

BSF Court Of Inquiry Can Proceed Alongside Criminal Trial : J&K high Court

A Division Bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that preliminary Court of Inquiry under BSF Rules is merely a fact-finding exercise and it can proceed during pendency of a criminal trial. It does not amount to parallel departmental proceedings or cause prejudice to the accused employee. Background Facts...

Employees Selected In Same Recruitment Process Can't Be Given Different Pay Based On Joining Date: Rajasthan High Court

The Rajasthan High Court has held that candidates who have been selected, appointed and joined their services in the same recruitment process cannot be discriminated in the matter of pay fixation, merely on the basis of joining dates.The bench of Justice Chandra Shekhar Sharma was hearing petitions filed by school lecturers alleging that the State was discriminating in the pay scale of...

Employee Governed By CCS Pension Rules Can't Claim Gratuity Under Payment Of Gratuity Act : Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that an employee governed by statutory rules providing for gratuity (such as CCS (Pension) Rules) is excluded from the definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, and therefore cannot claim gratuity under the 1972 Act. Further it was held...

Fixed-Term Employment Paradox: Workers' Security Vis-a-Vis Employers' Flexibility Under New Labour Code

With the four new Labour Codes, India's labour law framework has introduced one of the most significant reforms by formally recognizing the Fixed-Term Employees (“FTEs”). They are one of the most relied workforce categories under the flexible staffing models.As per Section 2(34) of the new Code on Social Security, 2020 (“CSS”), an FTE is any employee who has been engaged directly by the employer through a written contract, for a pre-determined period. Therefore, the employment of the FTE...

Son's Right To Compassionate Appointment Cannot Be Defeated By Parents' Divorce Or Appointment Of Father's Second Wife: Rajasthan HC

While granting the relief of compassionate appointment to the respondent, Rajasthan High Court held that denial of such appointment merely on the ground that after his parents divorce the respondent was not residing with the deceased employee and thus was not dependent on him, was clearly untenable. The division bench of Acting Chief Justice Sanjeev Prakash Sharma, and Justice Baljinder...

Trial Court Can't Assume Interview Committee's Role, Direct Appointment Of Govt School Teacher 11 Yrs After Merit List: Gujarat High Court

Holding that civil court cannot reassess interview marks or direct appointment to a public post, the Gujarat High Court quashed concurrent judgments of the Trial Court and First Appellate Court which had directed appointment of a primary school teacher nearly 11 years after the declaration of merit list.A Single Judge Bench of Justice J.C. Doshi observed: “If we peruse paragraph Nos. 12 to...

Rajasthan High Court Flags 'Near-Zero' Cut-Off; Says State Must Ensure Minimum Standards Even For Reserved Categories

The Rajasthan High Court expressed shock and raised concern about standard in public employment while hearing a petition by a candidate for Class-IV teachers. He was aggrieved by the rejection of his candidature since he received negative marks in the qualifying exam, when no minimum qualifying marks were prescribed by the State. The bench of Justice Anand Sharma observed that as the...

Employees' Compensation Act Claim Cannot Be Rejected Merely Because Disability Certificate Was Issued By Non-Treating Doctor: Bombay HC

The Bombay High Court has held that an application for compensation under the Employees' Compensation Act, 1923, cannot be rejected solely on the ground that the disability certificate was issued by a doctor who did not attend to the injured workman. The Court observed that the Act only requires the certificate to be issued by a “qualified medical practitioner” and does not mandate that...