'Compassionate Appointment Is A Tailored Exception; Not Meant For Delayed Claims': Patna HC Dismisses Appeal After 25-Year Gap

The Patna High Court has reiterated that compassionate appointment is meant to provide immediate financial relief and cannot be claimed after a prolonged lapse of time, dismissing an intra-court appeal filed nearly 25 years after the employee went missing.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a Letters Patent Appeal challenging the judgment...

Patna High Court Limits Interest On Delayed Salary Arrears To 3 Years Before Filing Of Writ Petition, Modifies Single Judge Order

The Patna High Court has held that in cases of delayed claims, relief relating to arrears must ordinarily be restricted to a period of three years prior to the filing of the writ petition, modifying a Single Judge's direction granting interest on salary dues for a much longer period.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters...

Pension Not Payable If Employee Fails To Exercise Mandatory Option Under 1984 Model Pension Rules Adopted By Municipality: Calcutta HC

A Division Bench of the Calcutta High Court comprising Justice Shampa Sarkar and Justice Ajay Kumar Gupta held that an employee is not entitled to pension under the West Bengal Municipal (Employees' Death cum Retirement Benefits) Rules, 2003 if the municipality had already adopted the Model Pension Rules (1984), and the employee failed to exercise the mandatory option to come under...

Mere Possession Of Higher Qualification Cannot Substitute Minimum Experience Criteria : Supreme Court

The Supreme Court has observed that essential qualifications for an advertised post cannot be compromised merely because the candidate possesses a higher qualification. A bench of Justices J. K. Maheshwari and Atul S. Chandurkar heard an appeal filed by a candidate who had appeared for the post of Computer Hardware Engineer under the Himachal Pradesh Board of School Education. Although...

'Appointments To Uniformed Services Require Greater Caution' : Supreme Court Restores Dismissal Of Medically Unfit UP Constable

The Court also pulled up Senior Police Officers for failure to verify eligibility in recruitment.

Repeated Extensions To Contractual Employees Creates Legitimate Expectation Of Regularisation: Himachal Pradesh High Court

The Himachal Pradesh High Court has upheld the regularization of contractual computer operators, holding that repeated extensions of service over a long period create a legitimate expectation of regularization, especially when the employees perform perennial and essential functions.A Division Bench of Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi was hearing an...

Short Breaks In Continuous Service Won't Make Ad Hoc Employee Ineligible For Regularisation: Supreme Court

The Supreme Court has observed that mere short breaks in the ad hoc service would not affect the continuity in the service to render an employee ineligible for the benefit of regularization of service. A Bench of Justice Sanjay Karol and Justice Augustine George Masih set aside the Punjab and Haryana High Court's ruling, which had denied regularisation to the appellants, appointed as peons...

Tripura High Court Flags “Grave Procedural Impropriety” By State In Stalling ACP Benefits For HC Staff Approved By CJ

The Tripura High Court held that the State Government committed “grave procedural impropriety” by failing to act on a proposal approved by the Chief Justice to grant Assured Career Progression (ACP) benefits to Superintendents and Assistant Registrars facing stagnation. The Court observed that the Finance Department's decision to stall the proposal, without placing it before the Council...

Ad Hoc Employees Appointed Without Recruitment Advertisements Or Interviews Cannot Be Regularised: Supreme Court

The Supreme Court recently partly set aside a Punjab and Haryana High Court judgment which had quashed a set of Haryana government policies aimed at regularising contractual, ad hoc and daily wage employees. The Court upheld the validity of two notifications issued on June 16, 2014 and June 18, 2014, but struck down two notifications issued on July 7, 2014.A bench of Justice PS Narasimha...

Telangana High Court Upholds Removal Of CRPF Personnel For 'Grave Misconduct' Of Contracting Second Marriage Despite Subsistence Of First

The Telangana High Court has upheld the removal of a CRPF cook from service on charges of contracting a second marriage during the subsistence of his first marriage, holding that the departmental authorities had acted on sufficient material and that the petitioner had been given adequate opportunity in the enquiry.Justice Namavarapu Rajeshwar Rao observed:“The authorities finally came to...

Termination Without Enquiry, Followed By Post-Facto Revocation 'Unknown To Law': Rajasthan High Court Slaps Costs On State

The Rajasthan High Court has criticized the State's action in terminating a contractual employee without enquiry, followed by a post-facto enquiry lading to revocation of termination.The bench of Justice Munnuri Laxman observed that the entire procedure adopted by the concerned authority was unknown to law and had caused undue hardship and mental agony to the Petitioner. It thus imposed a cost...

Registrar Has Jurisdiction Over Removal Of Secretary Of Co op Society Being Statutory Officer : Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the Registrar of Co-operative Societies has jurisdiction under the Assam Co-operative Societies Act, 2007 to adjudicate a dispute concerning the removal of a Secretary/Chief Executive, as this office has a distinct statutory character and is not merely...