High Court
Excess Salary Paid Due To Employer's Error 17 Years Ago Can't Be Recovered From Retiral Dues: Allahabad High Court
The Allahabad High Court has held that excess salary paid to a Class-III employee because of the employer's own faulty pay fixation cannot be recovered from his post-retiral dues where the mistake is corrected 17 years later and the employee is not shown to have brought it about.Directing refund of Rs. 11,51,840/- deducted from the retiral dues of a retired Head Constable (Driver), with 7%...
'Backdoor Appointments': Tripura High Court Restrains Tribal Areas Autonomous District Council From Paying Salaries To Regularised Employees
The Tripura High Court recently restrained the Tripura Tribal Areas Autonomous District Council, till further orders, from paying salaries to the to the part-time workers, casual workers and paid vouchers who have been regularised in absence of existence of sanctioned posts with approved scale of pay and allowances. The Tripura Tribal Areas Autonomous District Council (TTAADC) is...
Promotion Doesn't Wash Out Past Adverse Entries, Full Service Record Relevant For Compulsory Retirement: Allahabad High Court
The Allahabad High Court has held that the promotion of a government servant does not wipe out the adverse entries earned by him before the promotion when his case is taken up for compulsory retirement. It held that the entire service record must be looked at in such an assessment, and that even one entry touching integrity can be enough to retire an employee compulsorily.Justice Anish...
State Can't Implement Central Scheme Selectively By Ignoring Pay Parity Clause: Allahabad High Court
The Allahabad High Court has held that a State which adopts a Centrally Sponsored Scheme, takes financial assistance under it and recruits employees solely to implement it cannot enforce only those parts of the Scheme which are administratively convenient while ignoring those which confer corresponding benefits on the employees so recruited.Clause 12.3 of the Integrated Education for...
'Past Service In Different Cadre Cannot Be Counted For Career Progression Benefits, Mere 'Continuity' Not Enough: Karnataka High Court
The Karnataka High Court has recently dismissed a writ petition filed by a lecturer of the National Institute of Unani Medicine (NIUM) who sought counting of his past service as Clinical Registrar for extending benefits under the Dynamic Assured Career Progression (DACP) Scheme. [2026 LiveLaw (Kar) 299]The Division Bench comprising Justice S.G. Pandit and Dr. Justice K. Manmadha Rao affirmed...
No Disciplinary Proceedings To Terminate Aided School Teacher Who 'Abandoned' Service To Continue Foreign Job: Kerala High Court
The Kerala High Court recently clarified that there is no need for disciplinary proceedings to terminate an aided school teacher, who refused to rejoin service even after the expiry of sanctioned leave in order to continue foreign employment. [2026 LiveLaw (Ker) 443]Justice Harisankar V. Menon observed that disciplinary proceedings are not required in such cases since refusal to rejoin...
Teacher-Student Ratio Norms Under RTE Act Can't Be Invoked To Challenge Teachers' Transfer Policy: Allahabad High Court
The Allahabad High Court has held that teachers have no inherent right of transfer under any statute, and that such rights as they have in the matter arise only from the transfer policy itself.It held that a district-wise Pupil-Teacher-Ratio (PTR) list prepared by the State only to work its policy for inter-district transfer of basic school teachers has nothing to do with the mandate of The...
Disability Reservation Can't Be Claimed For Engagement As Govt Lawyer: Madras High Court
The Madras High Court has held that the reservation for persons with benchmark disabilities in Government establishment under Section 34 Rights of Persons with Disabilities Act does not extend to engagement of Government lawyers as such engagement is contractual and cannot be equated with appointment to Government service. [2026 LiveLaw (Mad) 378]The Division Bench of Justice SM Subramaniam...
Salary Can't Be Denied On Objections To Compassionate Appointment So Long As Approval Order Subsists: Allahabad High Court
The Allahabad High Court has held that where an order approving a compassionate appointment has never been withdrawn, recalled or annulled by a competent authority, the salary flowing from that appointment cannot be denied. It held that an administrative order which continues to operate in law cannot be defeated indirectly by refusing the benefits which follow from it.Justice Manju Rani...
Right Of Consideration For Regularization Doesn't Perish With Employee's Death, Survives Through Legal Heirs: Allahabad High Court
The Allahabad High Court has held that the right of consideration for regularization does not come to an end with the death of the employee and survives through his legal representatives, where the regularization exercise had been set in motion in his lifetime. It held that such consideration must be undertaken, if necessary notionally, so that the consequential service benefits reach the...