Redesignation Of Post Doesn't Amount To Merger With Another Cadre Unless Recruitment Rules Are Amended : P&H HC

A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that mere redesignation of a post does not amount to merger with another cadre; actual merger requires amendment of service rules, and parity of pay-scale or cadre benefits cannot be claimed without such amendment. Background Facts The petitioner was appointed...

Sealed Cover Procedure For Promotion Can Be Invoked Only After Charge-Sheet Or Suspension: Delhi HC

A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that sealed cover procedure cannot be invoked merely on the basis of an FIR or investigation, it applies only after issuance of a charge-sheet, criminal prosecution, or suspension. Background Facts A Departmental Promotion Committee (DPC) was held on 18.03.2024 for...

Teaching Certificate Issued By School Principal Cannot Be Ignored Merely Because Appointment Was Without State's Permission: HP High Court

The Himachal Pradesh High Court has held that teaching experience certificates issued by Principals of Government Schools cannot be ignored merely on technical grounds, such as the appointment being made on Parent Teacher Association basis without government permission.Justice Sandeep Sharma noted that “Important factor was possession of teaching certificate, if any, of Government/...

Women's Induction Into Notified Army Corps Can't Be Numerically Restricted; Vacant Male Posts Must Be Open To Eligible Women : Delhi HC

A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that women's induction into notified Army corps under Section 12 of the Army Act cannot be numerically restricted, as it violates gender neutrality and equality under Articles 14, 15 and 16. Background Facts An Examination Notice was issued by the Union Public...

State Can Interchange Reservation Among Disability Categories; Exclusion Of Visually Impaired From Commerce Faculty Posts Not Illegal : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that under Section 34 of the Rights of Persons with Disabilities Act, 2016, the State can interchange reservations among disability categories, so excluding visually impaired candidates for Commerce faculty posts is not illegal. Background Facts An advertisement...

Condonation Of Up To 12 Months Shortfall In Qualifying Service Permissible For Grant Of Second Service Pension: P&H HC

A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that shortfall of less than 12 months in qualifying service for second service pension is condonable, therefore entitling the respondent to second service pension. Background Facts The respondent was enrolled in the Indian Army on 21.09.1961. He was...

Court Can't Infer Cumulative Age Relaxation When Rules & Recruitment Advertisement Are Silent: Rajasthan High Court

The Rajasthan High Court has held that each age relaxation provided under Rule 9 of the Rajasthan Ayurvedic, Unani, Homoeopathy And Naturopathy Service Rules, 1973 were to be applied independently since no cumulative age relaxation was envisaged across different categories.In doing so the court said that the Rules demonstrated a deliberate legislative design in carving out age...

'Workers Can't Be Denied Permanent Status Merely Due To Unavailability Of Sanctioned Posts': Bombay High Court

The Bombay High Court has held that workmen who have completed the requisite period of continuous service cannot be denied permanent status merely on the ground that sanctioned posts are unavailable. The Court emphasised that such a denial would amount to continued exploitation of the workers, contrary to welfare legislation and the mandate of social justice.Justice Milind N. Jadhav was hearing...

Mere Registration Of FIR Not Ground To Withhold Promotion: P&H HC

A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that mere registration of an FIR does not amount to pendency of criminal proceedings, and promotion can be withheld only after a charge-sheet is filed or charges are framed. Background Facts During the service, a promotion order dated 25.05.2022 was issued...

Promotion Can't Be Denied When Criminal Case Is Pending Without Chargesheet Being Framed: HP High Court

The Himachal Pradesh High Court has held that pendency of a criminal case, where no charge sheet has been filed, cannot be a ground to deny promotion to an employee exonerated of all charges in the departmental inquiry.Justice Sandeep Sharma noted that: “Admittedly no charge sheet has been served upon the petitioner. Though the Magistrate concerned is well within his/her right to order...

Retired Class-IV Employee Not Expected To Understand Terms Like 'Acquiescence' Or 'Delay': HP High Court Quashes Pension Rejection Order

The Himachal Pradesh High Court has quashed the pension rejection order of a daily wage beldar worker, holding that pension cannot be denied on the ground that of delay in filing claim as a class IV cannot be expected to understand technical legal concepts like acquiescence or laches, and pension is a recurring right that cannot be defeated by delay.Rejecting the State's contention,...

Married Daughter Can't Be Excluded From Family For Purpose Of Compassionate Appointment: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a married daughter cannot be excluded from the definition of “family” for the purpose of compassionate appointment, and family income has to be calculated including them as well.Quoting Rakesh Kumar V/s State of H.P., 2022, Justice Jyotsna Rewal Dua Noted that: “Simply because the daughter is married, this does not means that she loses...