High Court
Acceptance Of Lower Post In Compassionate Appointment Bars Subsequent Claim For Higher Post: Rajasthan High Court
The Rajasthan High Court has held that once a person accepts a lower post offered as compassionate appointment, s/he cannot subsequently claim appointment to a higher post.The bench of Justice Bipin Gupta was dealing with a case where the petitioner had accepted compassionate appointment to the post in 2013 on which he also worked for 2 years, before filing the present petition in 2015...
Vacancies Arising From Resignations Can't Be Filled From Waiting List, Require Fresh Selection: Rajasthan High Court
The Rajasthan High Court has held that vacancies in public employments that arise on account of non-joining or subsequent resignations are considered fresh vacancies that are required to be filled by a new recruitment process and not by operating the reserve or waiting list prepared pursuant to the concerned selection process. The division bench of Chief Justice Sanjay K. Agrawal and...
Departmental Proceedings After Retirement Barred For Misconduct Beyond 4-Year Limit Under Bihar Pension Rules: Patna High Court
The Patna HC has held that where a departmental proceeding is initiated after a government servant's retirement, Rule 43(b) of the Bihar Pension Rules bars initiation of proceedings in respect of an event which took place more than four years before such institution.A Single Judge Bench of Justice Kumar Manish was hearing a writ petition filed by Umesh Kr. Verma challenging the...
HP High Court Directs HPSEBL To Pay 50% Back Wages With Interest To Reinstated Workman Over Alleged Illegal Termination
The Himachal Pradesh High Court has directed the Himachal Pradesh State Electricity Board Limited (HPSEBL) to pay 50% back wages, along with up-to-date interest, to a workman whose termination was set aside and reinstatement ordered by the Labour Court. The Court held that once a workman pleads that he remained unemployed after termination, the burden shifts to the employer to establish that...
Rajasthan High Court Expunges 'Unsatisfactory Service' Remarks Against Legal Aid Counsel, Cites Impact On Young Lawyer's Career
Rajasthan High Court set aside an order of the District Legal Service Authority (DSLA) against a young Legal Aid Defence Counsel that terminated his services and passed stigmatic remarks about his services being negligent and unsatisfactory, to the extent of expunging the adverse remarks that were passed without any enquiry, while retaining the termination. The bench of Justice Anoop Kumar...
Patna High Court Directs Payment For Work Done Beyond Contract Period Despite No Extension Order, Notes Dept Was Benefited By Work
The Patna HC has held that an employee cannot be denied remuneration for work performed beyond the contractual period merely because there was no formal order extending the contract, where the Department had taken the work and benefited from it.A Single Judge Bench of Justice Dr. Anshuman was hearing a writ petition filed by the widow of a former Chief Aircraft Engineer of the Civil...
Non-Payment Of Subsistence Allowance Doesn't Vitiate Disciplinary Proceedings, Employee Must Show Prejudice: Allahabad High Court
The Allahabad High Court has held that non-payment of subsistence allowance to a suspended employee does not by itself invalidate the disciplinary proceedings taken against him. The employee must show a connection between the non-payment and the prejudice he claims to have suffered in defending himself.Justice Garima Prashad held,“The plea relating to non-payment of subsistence allowance...
Candidate Can't Be Excluded From Selection For Postal Delay When Application Was Dispatched Within Time: Allahabad High Court
The Allahabad High Court has held that a candidate who applies online within time and dispatches the hard copy of the application within the prescribed period by a mode of transmission permitted by the advertisement cannot be excluded from the selection process merely because the postal article reached the recruiting authority after the cut-off date.Justice Manju Rani Chauhan held,“To...
Courts Can't Expand Academic Eligibility For Assistant Professor Post By Declaring 'Allied' Subjects: Allahabad High Court
The Allahabad High Court has held that a candidate has no immutable right to insist that a subject once recognised as allied or relevant to an advertised discipline must continue to be treated as such in a later recruitment. It held that the identification of allied/relevant subjects is an academic and policy determination falling within the domain of the competent authority, which a writ...
AP High Court Quashes Disciplinary Proceedings Against Retired BSNL Employee As Time-Barred, Directs Release Of Retiral Benefits
The Andhra Pradesh High Court has quashed disciplinary proceedings initiated against a retired BSNL employee for failure to adhere to the four-year limitation prescribed under the BSNL Conduct, Discipline and Appeal Rules, 2006, and directed the authorities to release his retirement benefits. [2026 LiveLaw (AP) 241]In doing so, the Court also set aside the consequential show-cause notice,...
Allahabad High Court Quashes Rejection Of Police Constable Candidature Over Pending Criminal Case
The Allahabad High Court has held that instructions issued by the Director General of Police on 05.04.2025 will not override the Government Order dated 28.04.1958, which continues to hold the field on the grant of character certificates at the time of first appointment to government service. It held that the appointing authority cannot simply adopt the recommendation of the District...
Gauhati High Court Refuses To Interfere With CRPF Officer's Transfer Over Wife's Anxiety Disorder
The Gauhati High Court recently dismissed a CRPF personnel's plea challenging his transfer order citing anxiety disorder of his wife, observing that scope of court's interference is limited in such cases unless violation of statutory rules or malafides are shown. The single judge bench of Justice Sanjay Kumar Medhi observed:"the scope of interference with an order of transfer by a Writ Court...