Employees Appointed On Ad Hoc Basis, Not Entitled To Salary Attached To A Post, Unless Appointed In A Substantive Capacity: Patna High Court

A division bench of the Patna High Court comprising of Justice P. B. Bajanthri and Justice Arun Kumar Jha, while deciding Letters Patent Appeals in the case of Ganesh Mahto vs The State of Bihar, held that employees are not entitled to salary attached to the post for which they are appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.Background...

Family Annual Income Needs To Be Considered For Determining Eligibility Of Anganwadi Workers, Not Individual Annual Income: Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Ranjan Sharma while deciding a Civil Writ Petition in the case of Usha Rani vs State of HP & Ors. has held that to determine the eligibility for appointment as Anganwari Workers, the family annual income of the female candidate must be under Rs. 8000 per annum and not the individual annual income of the...

Disciplinary Authority Must Record Reasons For Disagreeing With Exoneration To Enable Employee To Defend Himself Effectively: Allahabad HC

The Allahabad High Court has held that Disciplinary Authority must record reasons for disagreeing with the exoneration by the Inquiry Officer to enable the delinquent employee a chance to effectively defend himself.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi held “Recording of reasons in the show cause notice for disagreeing with the opinion...

Appointment Of Near Relative Of An Officer In A Co-Operative Society, Violates Rules: Madras High Court

A single judge bench of the Madras High Court comprising of Justice R. Vijayakumar while deciding a writ petition in the case of S. Keerthana v. The Commissioner of Milk Production and Dairy Development Department & Ors. has held that a near relative of an officer of a co-operative society cannot be appointed to any post in the service of such society.Background of FactsS....

State Can't Take Benefit Of Its Own Wrong By Denying Pensionary Benefits To Employee, Who Served For Three Decades: Uttarakhand High Court

A division bench of the Uttarakhand High Court comprising of Hon'ble Chief Justice Ms. Ritu Bahri and Hon'ble Justice Sri Rakesh Thapliyal, while deciding a Special Appeal in the case of State of Uttarakhand & Ors vs Prakash Chandra Harbola & Ors has held that the State cannot be permitted to take the benefit of its own wrong by denying the pensionary benefits to the employee,...

Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Satyen Vaidya while deciding a Civil Writ Petition in the case of Suneet Singh Jaryal vs State of HP & Anr has held that the state government cannot withhold pensionary benefits for an indefinite period on the pretext of financial constraints. Background FactsSuneet Singh Jaryal (Petitioner) retired on...

Contract Appointment Of Protection Officer, Can't Continue Beyond Term: Madras High Court

A single judge bench of the Madras High Court comprising of Justice G.K.Ilanthiraiyan while deciding a Civil Writ Petition in the case of Pandiammal vs Commissioner, Social Welfare and Women Empowerment Department & Ors has held that Protection Officer appointed on contract basis cannot be termed to be appointed under Rule 3(3) of the Protection of Women from Domestic Violence Rules, 2006...

Compassionate Appointment Cannot Be Denied Solely On The Ground That The Petitioner Was An Illegitimate Child Born To Second Wife: Madras High Court Reiterates

A single judge bench of the Madras High Court comprising of Justice R.N. Manjula while deciding a writ petition in the case of M. Anantha Babu v. The District Collector & Ors. has reiterated that compassionate appointment cannot be denied solely on the ground that the child was from the second wife of the deceased employee. Background of FactsThe father of M. Anantha Babu (Petitioner) ...

Retired Officer Cannot Be Termed As “Public Servant” Under Export Inspection Employees Rules, 1978: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Civil Writ Petition in the case of Parveen Kumar vs Export Inspection Council & Ors has held that a retired officer appointed as Inquiry Officer does not fulfil the criteria of “public servant” under Rule 11(2) of the Export Inspection Employees (Classification, Control &...

'Begar' Prohibited Under Article 23: Allahabad HC Directs Payment Of Salaries To Multi-Purpose Health Workers For Period Of Work

While granting relief to Multi-Purpose Health Workers (Male), the Allahabad High Court has held the 'Begar' is prohibited under Article 23 of the Constitution of India.“Article 23 of the Constitution of India has wider implications and scope regrading begar i.e. by taking work but not paying for the same which is linked with right to livelihood covered under Article 21 of the Constitution...

Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court

A division bench of the Orissa High Court, comprising Mr. Chakradhari Sharan Singh (Chief Justice) and Mr. M.S. Raman (Judge), while deciding an Appeal in the case of State of Odisha & Ors vs. Banamali Samal & Ors held that the service of a government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the government or under the orders...

Age Relaxation Can Be Provided To Compete In Recruitment Process By Giving The Weightage For Being Engaged For A Significant Period Of Time: Madras High Court

A single judge bench of the Madras High Court comprising of Honourable Mrs. Justice L. Victoria Gowri while deciding Writ Petitions in the case of S. Sujatha vs The Director of Collegiate Education has held that age relaxation can be provided to a person to compete in the recruitment process by giving the weightage for having been engaged or worked in the department for a significant period...