High Court
No Legal Basis To Deny Woman Jailor Promotion As Recruitment Rules Make No Gender Distinction: Tripura High Court
The Tripura High Court has held that, in the absence of any provision in the Recruitment Rules prescribing gender-based restrictions, a Female Jailor cannot be denied consideration for promotion to the post of Deputy Superintendent (Home) Jail solely on the ground of her gender. The Court observed that the applicable Recruitment Rules do not distinguish between male and female Jailors...
Interest Under Employee's Compensation Act Payable From Date Of Accident; Widow Entitled To Penalty For Delay: Jharkhand High Court
The Jharkhand High Court has held that interest on compensation under the Employees' Compensation Act is payable from the date of the accident and that where the employer fails to pay compensation within the statutory period without justification, penalty under Section 4A of the Act must also be awarded. Modifying an award passed by the Labour Court, the Court directed payment of interest...
Degree From Unauthorized Institution Is Invalid But Not Fraud Unless Active Role Of Candidate Proved: Orissa High Court
The Orissa High Court has come to the rescue of a government employee who was demoted from his post allegedly for submitting fake/fictitious certificate to prove his qualification.Delineating the difference between a fictitious/fabricated degree and a degree conferred by an unauthorized institution, the Division Bench of Justice Dixit Krishna Shripad (now retired) and Justice Chittaranjan...
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...