Supreme Court
University Must Honour Teachers, Can't Deviate From UGC Regulations On Payscale : Supreme Court Gives Relief To Associate Professor
The Supreme Court recently held that universities could not depart from the statutory guidelines and regulations governing the pay scale of their teaching staff. “University ought to honour its teachers and uphold their rights as they undertake to impart knowledge to vast number of students and they are estopped from departing from the regulations and guidelines. Hence, University cannot...
Supreme Court Allows Retiral Benefits To Employee Whose ST Certificate Was Found Invalid After 25 Years' Service
The Supreme Court on Thursday (September 3) in exercise of its inherent powers under Article 142 of the Constitution has protected the retiral and pensionary benefits of a retired employee, whose community certificate was subsequently found to be invalid after rendering over 25 years in service. A bench of Justice Aravind Kumar and Justice Vipul M. Pancholi heard the appeal filed by a...
Amendments To Government Orders Must Be Interpreted Reasonably To Avoid Hardship : Supreme Court
The Supreme Court has held that amendments to government orders which alter or modify earlier service rules must be interpreted reasonably so as to avoid unnecessary hardship to persons who had no control over the subject matter.The Court observed that a subsequent amendment in the qualifications norms would not disturb the promotion of an employee who have acquired requisite qualifications...
Once Service Rules Say PSC's Decision Is Final, Govt Cannot Inquire Into Candidate's Eligibility: Supreme Court
The Supreme Court has held that where service rules expressly make the Public Service Commission's decision on a candidate's eligibility final, the government cannot independently reopen and exhaustively reassess the candidate's eligibility after the Commission has found the person eligible and recommended them for appointment.A bench of Justice Sanjay Karol and Justice Nongmeikapam...
Surplus Employee Entitled To Absorption Against Equivalent Or Lower Post, Not Higher Post : Supreme Court
The Supreme Court has held that a surplus employee cannot claim absorption against a post higher than the one he was holding when declared surplus merely because the two posts carry the same pay scale or the higher post was vacant. A bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan set aside the Bombay High Court's judgment which had directed the absorption of the Respondent...
RPF Rules | Employee Who Suppressed Criminal Case Can Be Discharged At Any Point Of Time : Supreme Court
The Supreme Court has upheld the discharge of a group of Railway Protection Force (RPF) and Railway Protection Special Force (RPSF) constables who failed to disclose pending criminal cases during the recruitment process.The Court reiterated that the deliberate suppression of material information regarding criminal antecedents clearly bears on the character of the employee and...
Delay In Processing Compassionate Appointment Application Cannot Defeat Claim Of Otherwise Eligible Dependent : Supreme Court
The Supreme Court has reiterated that a benefit of compassionate appointment cannot be denied to a beneficiary merely on account of delay or inaction by the employer in processing an application. A bench of Justice Aravind Kumar and Justice Vipul M Pancholi heard the case where a son's application seeking a benefit of a compassionate appointment was rejected by the employer, Western...
Retired Judges Appointed In Central Industrial Tribunals Can't Claim Pay Parity With Other Tribunal Members : Supreme Court
The Supreme Court on Wednesday (August 12) dismissed a writ petition filed by ex-judicial officers, who were re-employed as Presiding Officers of Central Government Industrial Tribunals-cum-Labour Courts, seeking pay scales equivalent to those granted to other National Tribunals under the 6th Pay Commission recommendations. A bench of Justice SVN Bhatti and Justice NV Anjaria justified...
Enquiry Necessary To Dismiss Employee For Suppression Of Criminal Antecedents : Supreme Court
The Supreme Court on Tuesday (August 11) observed that the disclosure of criminal antecedents by an employee after joining service would not automatically result in dismissal. The Court held that before passing a termination order, the employer must conduct an enquiry to determine whether the suppression of criminal antecedents was deliberate and must record a finding that the continuation of...