Service Matters: Compilation Of High Court Judgments In 2022 [Part III]

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Service matters. This is the third of four parts of this Digest.Part IPart II201. In Absence Of Criteria To Break A Tie, Selection Committee May Adopt Its Own Yardstick In Consonance With Article 14: J&K&L High CourtCase Title: Suhail Ahmad Wani V/s SKIMS Medical College Hospital and orsCitation: 2022 LiveLaw (JKL) 71The Jammu and Kashmir and Ladakh High Court ruled that in cases of recruitment or drawing of seniority lists where there is neither any statutory prescription, nor any executive instructions laying down any criteria or guidelines to be followed to break the tie, the only course that is left with a Court adjudicating such matter is to look to the fairness and rationality of the selection process as also the criteria that ought to have been possibly applied to break the tie.The bench also observed that preferring a candidate having better merit in the academics but not being older in age cannot, by any stretch of reasoning, be said to be unfair, irrational or arbitrary.202. Temporary Employees Also Protected Under Article 311 Of Constitution, Cannot Be Terminated Without Conducting Proper Enquiry: J&K&L High CourtCase Title: Sanjeev Kumar vs Union Of IndiaCitatition: 2022 LiveLaw (JKL) 75203. No Compulsory Retirement Merely On Committee Recommendation, Sans Departmental Enquiry & Sufficient Material: J&K&L High CourtCase Title : State of J&K Vs Bhumesh Sharma.Citation : 2022 LiveLaw (JKL) 189The Jammu and Kashmir and Ladakh High Court ruled that the power to compulsorily retire a government servant in terms of service rules is absolute, provided the authority concerned forms a bona fide opinion that compulsory retirement is in public interest. Such an order cannot be passed merely on the recommendation of the committee devoid of departmental inquiry and sufficient material to form bona fide opinion by the competent authority, it added.The Jammu and Kashmir and Ladakh High Court today ruled that a temporary employee also stands protected under the provisions of Article 311 of the Constitution of India and cannot be terminated without conducting proper enquiry.204. No Recovery Can Be Made From Pension If Employee's Promotion Was Not Based On Any Misrepresentation: J&K&L High CourtCase Title: Sonam Dolma Vs Bharat Sanchar Nigam Limited.Citation: 2022 LiveLaw (JKL) 84A division bench of J&K&L High Court ruled that in absence of any misrepresentation on the part of the petitioner with regard to factum of seeking her promotion, no recovery, whatsoever, can be made from her retirement benefit or for that matter her promotion cannot be withdrawn205. Years Of Service Alone Does Not Entitle A Daily Wager To Regularization, Eligibility To The Post Paramount Consideration: J&K&L High CourtCase Title: State of J&K Vs Mushtaq Ahmad Naik & Ors.Citation 2022 LiveLaw (JKL) 101The High Court of Jammu & Kashmir and Ladakh ruled that the completion of seven years of continuous service alone would not entitle a daily wager for regularization, unless other eligibility conditions were fulfilled."A Daily Rated Worker would become eligible for regularization on fulfilment of all the conditions as contained in Rule 4 of the provisions of SRO 64. Completion of seven years of continuous period of daily wage service alone thus would not entitle a daily wager for regularization unless such daily wager fulfills other eligibility conditions," the bench underscored.206. Promotion Cannot Be Denied Merely Because Criminal Proceedings Are Pending Against The Employee: J&K&L High CourtCase Title: Tanveer Ahmad Khan Vs JK BOSECitation: 2022 LiveLaw (JKL) 108The bench of Justice Javed Iqbal Wani reiterated that promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee and to deny such benefit, they must be at the relevant time pending at the stage when charge memo/charge-sheet has already been issued to the employee207. High Court Deprecates Practice Of Deputing "Outsiders" In J&K State Road Transport Corporation Instead Of Promoting Existing Eligible EmployeesCase Title: Managing Director J&K SRTC Vs Syed Arshad Tramboo & OrsCitation: 2022 LiveLaw (JKL) 117The bench comprising Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal observed that Rules nowhere provide that the outsiders can be brought in by way of "deputation" infringing fundamental right of persons, who are born on the establishment of the Corporation and have preferential right of being considered for promotion."To bring the officers from outside by way of deputation to the Corporation can be only in the eventuality if no suitable person is found eligible in the Corporation after assessing their merit, eligibility and suitability", Justice Nargal observed.208. Pensionary Benefits | Employee Who Is Removed From Service For Misconduct Not At Par With Those Who...

Service Matters: Compilation Of High Court Judgments In 2022 [Part III]

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