Conviction Of Employee Does Not Lead To Automatic Dismissal, Disciplinary Enquiry Must: HP High Court

The Himachal Pradesh High Court has held that a government employee cannot be dismissed from service solely on the ground of conviction, and that the disciplinary authority must conduct an enquiry or record reasons for not conducting an enquiry.Rejecting the contention of HRTC, Justice Sandeep Sharma remarked that: “Though learned counsel for HRTC argued that Rule 19(i) permits...

Pensioners Eligible For Reemployment Under Punjab Police Rules Even After Seeking Voluntary Retirement: HP High Court

The Himachal Pradesh High Court directed the state to reconsider the application of a retired Assistant Sub-Inspector, holding that pensioners after voluntary retirement are eligible for reemployment under Rule 12.25 of the Punjab Police Rules.Rejecting the contention of the State, Justice Sandeep Sharma clarified that “…a person concerned can seek re-enrolment in three situations;...

Dependent Can't Be Denied Family Pension Merely Because Employee's Appointment Letter Said "Purely Temporary Basis": Rajasthan High Court

The Rajasthan High Court has granted relief in a petition seeking family pension and other post-retirement benefits, filed after 24 years of the death of the petitioner's husband, opining that the question of limitation or delay could not be raised by the State to deny legitimate benefits to a government servant or his/her dependents.Further, the bench of Justice Anand Sharma held that in...

Employee Need Not Deposit Retrenchment Compensation As Pre-Condition To Challenge Termination: Bombay High Court

The Bombay High Court has held that an employee cannot be compelled to deposit the amount of retrenchment compensation as a condition for challenging his retrenchment. The Court observed that retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947, is a statutory right of the employee and is intended to provide subsistence during unemployment. Making its deposit...

Family Pension Of Deceased Employee Can Be Shared Equally Between First & Second Wife On Basis Of Voluntary Compromise: HP HC

A Division bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that family pension of a deceased employee can be equally shared between the first and second wife through a voluntary and free-will compromise. Background Facts Late Sohan Lal retired as an Assistant Sub-Inspector from the Police Department. He passed away...

Compassionate Appointment Can't Be Denied On Hyper-Technical Medical Terminology When Cause Of Death Falls Within Eligible Diseases: Orissa HC

A Division bench of the Orissa High Court comprising Justice S.K. Sahoo and Justice S. S. Mishra held that when medical records from a premier government hospital clearly establish that the deceased employee suffered from cardiac and kidney ailments and died due to cardiac arrest, such death falls within the diseases specified under the Compassionate Appointment Scheme and the company...

Ex-Servicemen Reservation For Public Employment Is One-Time Benefit, Not Perpetual Device For Career Progression: Rajasthan High Court

The Rajasthan High Court has held that the policy rationale of reservation in appointment to ex-servicemen is to operate as a one-time benefit to facilitate re-employment, and not as a perpetual device for career progression.The bench of Justice Sameer Jain rejected the petition filed by an ex-servicemen, who was re-appointed as a Village Development Officer under the reserved category...

'COVID Health Assistant Work Not Equivalent To Pharmacist': Rajasthan High Court Rejects Plea For Bonus Marks In Recruitment

The Rajasthan High Court has held that role of a Pharmacist and a Covid Health Assistant who was engaged temporarily to perform auxiliary duties like distribution of medicines, are distinct and could not be treated as interchangeable.“A Pharmacist is a qualified Diploma Holder registered under the Pharmacy Act, 1948 entrusted with professional responsibilities of maintaining drug...

Interim Stay On Govt Order Doesn't Create Right Of Appointment Against Abolished Post: Madras High Court

A Division bench of the Madras High Court comprising Justice C.V.Karthikeya and Justice R.Vijayakumar held that an appointment cannot be made to a post abolished by a Government Order, and a stay order in a different matter does not confer any right to appointment or its approval. Background Facts The Education Department, Government of Tamil Nadu issued G.O.Ms.No.238,...

Railways Can't Cancel Duly Published Promotion Panel On Vague Administrative Grounds; Prior Notice To Selected Candidates Mandatory: Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the cancellation of a duly published selection panel by the Railway Authorities, without providing due notice to the selected candidates, is unsustainable in law. Authorities are bound to comply with RBE No. 192 of 2019 and Rule 228 of IREM Vol. I, which mandate...

FIR Can't Be Quashed On Basis Of Compromise In Cases Involving Illegal Gratuity Demands For Pension Release : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that offences like demand for illegal gratification and misappropriation of funds amounting to moral turpitude are not private in nature but carry wider ramifications for society and cannot be quashed merely on the ground of a settlement. Background Facts...

Suspension Can't Be Extended On Ground Of Pending Disciplinary Proceedings Unless Charge-Sheet Is Issued: Delhi HC

A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that suspension cannot be validly extended on the ground that disciplinary proceedings are pending unless a charge-sheet has actually been issued; extensions made on this erroneous ground are invalid, entitling the employee to reinstatement. Background Facts The...