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...

No Vested Right To Claim Promotion Under Repealed Rules : Supreme Court

The Supreme Court on Thursday (September 17) reiterated that a promotional post arising under the applicable Rules need not necessarily be filled under those Rules, particularly where they have since been repealed. The Court held that such promotional posts can be filled up under the new Rules, which prescribe new methods of recruitment. “The employee does not acquire any vested right...

'Equal Pay For Equal Work' Doctrine Cannot Be Mechanically Applied, Experience Can Justify Pay Difference: Supreme Court

The Supreme Court has recently held that the doctrine of 'equal pay for equal work' cannot be mechanically applied merely on the ground that two categories of employees perform functionally similar duties, and that a difference in experience between directly recruited and promoted employees can constitute a valid basis for a difference in pay scales. A bench of Justice Dipankar Datta and...

Appointment To Public Post Contrary To Recruitment Advertisement Amounts To Fraud On Public: Supreme Court

The Supreme Court has held that an appointment to a public post made in disregard of the qualifications prescribed in the recruitment advertisement amounts to a fraud on the public, while upholding the cancellation of an Anganwadi Supervisor's appointment in Maharashtra.A bench comprising Justice Dipankar Datta and Justice Sheel Nagu dismissed an appeal filed by Sunita Lahu Panchpande, who...

Courts Must Presume Correctness Of Answer Key, Interfere Only If Mistake Is 'Glaring And Apparent': Supreme Court

The Supreme Court has recently ruled that a challenge to the correctness of an answer key selected by an examining body can be entertained only where the error is so glaring and apparent that it can be detected without any resort to any interferential reasoning. It set aside an Allahabad High Court order that had awarded a disputed mark to a candidate in a Village Development Officer...

'Army's Burden To Prove Disability Was Not Due To Service' : Supreme Court Dismisses Union's Appeals Against Disability Pension

The onus to prove that the member's disability is not attributable to service still lies on the employer, even after the 2008 rules, the Court noted.

Supreme Court Orders Centre To Give Rs 15 Lakh To Officer Who Was Illegally Retired As 'Deadwood', Directs To Give Him Farewell

"To brand an officer like the appellant – who dedicated the best years of his life to the service of the nation – as dead wood smacks of a high degree of malice," the Court said.

Pre-Regularization Service Must Be Counted For Pension Benefits : Supreme Court

The Supreme Court has held that service rendered by employees on contract, ad hoc, daily-wage or work-charge basis prior to their regularization must be counted as qualifying service for retiral and pensionary benefits, particularly where the breaks in service are merely notional, artificial or caused by administrative circumstances or court orders.Holding thus, a bench of Justice Prashant...

Supreme Court Upholds Asst Professor's Appointment Despite Doubts Over PhD, Orders University Probe

The Court refused to interfere with the appointment on the ground that PhD was not a mandatory qualification for the post.

Widow's Family Pension Must Be Paid From Date Of Husband's Death : Supreme Court

The Court stated that its 2014 judgment in 'Tarsem Singh' was rendered ignoring an earlier precedent.

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...