High Court
Woman Who Gave Birth To Twins In First Pregnancy Entitled To Maternity Leave For Second Delivery: Telangana High Court
The Telangana High Court has held that a woman government employee cannot be denied maternity leave for her second delivery merely because her first pregnancy resulted in the birth of twins. [2026 LiveLaw (Tel) 114]The Court ruled that the "less than two surviving children" condition under the Telangana Fundamental Rules cannot be interpreted literally to disentitle a woman from...
Executive Circular Can't Override Statutory Right Of Primary School Teachers To Salary: Allahabad High Court
The Allahabad High Court has held that Clause 10 of the Circular dated 03.05.1982 issued by the Director of Education (Basic), U.P., being only an executive instruction, cannot cut down the right to salary conferred by Section 10 of the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 on teachers of the primary section of an institution running Classes I...
No Disciplinary Enquiry Needed To Dismiss Employee Who Obtained Reserved Category Appointment By Forged Caste Certificate: Allahabad High Court
The Allahabad High Court has held that where an appointment to a reserved category post is obtained by producing a forged and fabricated caste certificate, the appointment is void ab initio and the employer need not conduct a full departmental disciplinary enquiry before terminating it.It held that since the appointment was itself an illegal order, issuing a show-cause notice before dismissal...
Compassionate Appointee Can't Be Removed For Alleged Suppression Of Facts Already Known To Authorities: Allahabad High Court
The Allahabad High Court has held that a person appointed on compassionate grounds following his mother's death cannot be removed from service on allegations that he concealed his father's government employment, when the authorities were aware of that fact at the time of appointment and had granted him the job after verifying his documents.The Court held that petitioner's termination in...
Court Must Identify Specific Retirement Benefit Before Ordering Attachment Under S.60 CPC; Gratuity, PF Can't Be Attached: AP High Court
The Andhra Pradesh High Court has held that where attachment of a retired employee's retirement benefits is sought in execution proceedings, the executing court must first identify the particular head of retirement benefits sought to be attached, as benefits such as gratuity and provident fund are exempt from attachment under Section 60 CPC. [2026 LiveLaw (AP) 144]Accordingly, the Court set...
Courts Can't Prescribe Or Expand Eligibility Qualifications For Recruitment: Rajasthan High Court Reiterates
The Rajasthan High Court has dismissed a batch of writ petitions filed by candidates seeking appointment to the posts of Assistant Professor (Vyakaran), Assistant Professor (Sahitya) and Assistant Professor (Samanya Sanskrit), holding that courts cannot expand the eligibility qualifications prescribed under the recruitment rules.Justice Ganesh Ram Meena observed that the State, as an employer,...
Andhra Pradesh High Court Upholds 1-Year Bar On Officer's Promotion After Censure, Says Punishment Without Consequence Would Normalize Wrongdoing
The Andhra Pradesh High Court has held that a government servant awarded minor penalty of censure can be denied promotion for one year under G.O.Ms.No.53, as the Government Order has the force of law and validly supplements the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. [2026 LiveLaw (AP) 140]In doing so, the Court refused to direct the immediate promotion...
Govt Servant Can't Challenge Denial Of Salary For Period Of Unauthorised Absence Regularised To Enable Voluntary Retirement: Allahabad High Court
The Allahabad High Court has deprecated the conduct of a government servant who secured voluntary retirement, by the regularization of his unauthorized absence from duty through a sanction of leave without pay, but still challenged the denial of salary for the period of absence. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“The conduct of the petitioner amounts...
WBPSC Violated Rules, Conducted Interview Unfairly: Calcutta High Court Quashes Museum Keeper Appointment
The Calcutta High Court has set aside the West Bengal Public Service Commission's (WBPSC) recruitment process for the post of Keeper at the State Archaeological Museum, holding that the Commission failed to adhere to its own Rules of Procedure, 1982 and the terms of the recruitment advertisement. The Court also quashed the appointment of the selected candidate and directed the WBPSC to conduct...
BSF Can't Deny DIG Rank To Officer Injured In 1995 Road Accident Despite Granting Earlier Promotions: Calcutta High Court
The Calcutta High Court has held that the Border Security Force (BSF) cannot deny promotion to the post of Deputy Inspector General (DIG) to an officer solely on the ground of his medical category, particularly when the same medical condition did not prevent his promotion to higher ranks on three earlier occasions after the injury.Justice Reetobroto Kumar Mitra directed the BSF to convene...
