Supreme Court
Ambiguity In Recruitment Criteria To Be Construed In Candidate's Favour: Supreme Court
The Supreme Court has held that ambiguity or vagueness in eligibility criteria prescribed in a recruitment advertisement should be construed in favour of a candidate who prima facie possesses the requisite qualifications. “…any ambiguity or vagueness in the prescribed qualification should be construed to the benefit of the candidate who prima facie appears to possess the...
State Must Be Made Party If Relief Is Sought Against Public Exchequer; Impleading Officer Or Dept Not Enough : Supreme Court
An officer or a department of the State cannot be equated with the State itself for the purposes of fastening sovereign or financial liability
Past Ad Hoc Service Can Count For Pension, Not For Seniority Claim Over Direct Recruits: Supreme Court
The Supreme Court has held that the temporary or ad hoc appointees cannot claim parity in matters of the determination of seniority with the direct recruitment appointees. In essence, an ad hoc / temporary appointees seniority would be determined from the date of their confirmation in service, not from the date of their initial appointment. The bench comprising Justice SVN Bhatti and...
Govt Servant Cannot Claim Inter-District Transfer As Right; Education System Is For Students, Not Teachers' Convenience: Supreme Court
The Supreme Court has recently held that being displaced from one's family is a universal problem faced by employees, and that a Government servant cannot claim an inter-district transfer, as a matter of right on that ground.A bench of Justice JB Pardiwala and Justice K Vinod Chandran held so while setting aside an Allahabad High Court order that had prima facie found contempt in the rejection...
Supreme Court Requests Allahabad High Court Chief Justice To Examine Giving Priority To Pension Cases
The Supreme Court has requested the Chief Justice of the Allahabad High Court to examine whether matters relating to non-release of pension cases can be given prioritised hearing and early disposal, noting that the petitioner's writ petition has not been listed before the High Court for nearly two years, despite his application for early hearing. A bench of Justice KV Viswanathan and...
Marks In Exam Cannot Cure Lack Of Essential Qualification Under Recruitment Rules: Supreme Court
Comparative merit can be considered only amongst candidates who satisfy the prescribed eligibility conditions.
Original Status As Daily Wager Cannot Be Ground To Deny Annual Increment After Regularisation : Supreme Court
The Supreme Court on Tuesday (October 6) has held that daily-wage skilled workers who were treated as permanent employees under a government resolution and granted regular pay scales and retirement benefits cannot be denied the annual increment falling due after their retirement merely because they were originally engaged as daily wagers. Setting aside the Gujarat High Court's division...
Excess Salary Paid By Mistake Can Be Recovered From Employees Who Gave Undertaking: Supreme Court Dismisses Teachers' Plea
The Supreme Court has recently upheld the recovery of Academic Grade Pay benefits that were given by mistake to the teachers of the National Institute of Technology (NIT), Calicut, holding that the recovery was valid because the teachers had given written undertakings to refund excess payments.A bench of Justice Dipankar Datta and Justice Sheel Nagu ruled so while dismissing the appeals...
Supreme Court Directs ₹1 Lakh Compensation For Daily-Wage Workers In 25-Year-Old Bihar Workmen Dues Case
The Supreme Court on Monday (September 28) has directed the States of Bihar and Jharkhand to pay a one-time sum of ₹1 lakh to each concerned daily-wage employee/workman of five defunct State-owned corporations, while ordering 12% simple interest per annum on delayed EPF dues and 6% interest on delayed salary/wages and other monetary dues. “…we deem it appropriate to direct the States...
Senior Officer Cannot Be Paid Less Than Junior Holding Same Post : Supreme Court
The Supreme Court has held that a senior employee holding the same post cannot be paid less than a junior unless the disparity is supported by valid and demonstrable factors. “It is fundamental that a senior officer cannot be paid less than a junior officer holding the same post...A junior receiving a higher pay compared to the pay of the senior has to be justified with reference to...
Principal Employer Not Liable To Pay Gratuity To Contractual Workmen; Controlling Authority Can't Decide Who Must Pay : Supreme Court
The Supreme Court has held that a principal employer cannot be held liable to pay gratuity to workers engaged through a contractor when there is no employer-employee relationship between the principal employer and such contractual workmen.The Court set aside a Bombay High Court order holding Oil and Natural Gas Corporation Ltd. (ONGC) liable to pay gratuity to workers engaged through...