Statutory Service Requirements Under Recruitment Rules Are Mandatory; Can't Be Overridden By Administrative Approvals : Himachal Pradesh HC

A Division bench of the Himachal Pradesh High Court comprising of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma, held that eligibility for promotion or recruitment through limited competitive examination must strictly comply with the statutory service requirement under the applicable service rules, and administrative approvals cannot override these mandatory...

Employer Can Accept Resignation Letter On Same Day, Need Not Wait For Expiry Of Notice Period: J&K High Court

The Jammu & Kashmir High Court upheld the dismissal of a police constable holding that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as 'intention to resign' and wait for a two-month notice period to expire before accepting it.The petitioner had challenged the dismissal on the ground that the department had to wait for 2...

'Pay Minus Pension' Can't Be Retrospectively Recovered From Retd Doctors Due To AIIMS Jodhpur's Ignorant Attitude: Rajasthan High Court

In pleas by retired doctors “re-employed” by AIIMS Jodhpur against imposition “Pay minus pension” rule five years after their appointment orders were issued without such condition, the Rajasthan High Court slammed the hospital for being ignorant about the law applicable upon its employees.The court was hearing a batch of petitions filed by certain doctors as well as AIIMS Jodhpur...

State's Delay In Creating Posts, Can't Deny Regularization Rights To Contractual Employees: Himachal Pradesh High Court

Himachal Pradesh High Court held that State's delay in creating posts, can't defeat the contractual employees right to regularization once they fulfill the prescribed period of service under the State's regularization policy.Justice Satyen Vaidya: “Thus, had the posts been created within reasonable time, the petitioners would have been eligible for regularization even in terms of...

Once Candidates Are Absorbed On Regular Posts, Irregularity In Initial Appointments Is Deemed To Have Been Cured: Allahabad High Court

The Allahabad High Court has held that once the appellants-employees were absorbed against vacancies in regular posts, any irregularity which would have existed at the time of their initial appointment would be deemed to have been cured.While dealing with subseqeunt termination of employees due appointments being made on unsanctioned posts, the bench of Justice Siddhartha Varma and Dr....

Burden Lies On Employee To Justify Claim Under 'Equal Pay For Equal Work' Principle: Himachal Pradesh High Court

Himachal Pradesh High Court held that when an employee seeks the benefit of principle of equal pay for equal work, it is their duty to submit relevant data to support the claim.Justice Satyen Vaidya: “In order to seek benefits of principle of equal pay for equal work again, the petitioner was required to justify his stand by producing the relevant data” Background Facts:The...

CCS Pension Rules | Withdrawal Of Premature Retirement Notice Permissible Before Effective Date: Himachal Pradesh High Court

Himachal Pradesh High Court ruled that under Rule 43(6) of the Central Civil Services (Pension) Rules, 1972, an employee may withdraw a notice of premature retirement before it becomes effective, subject to the specific approval of the competent authority and upon giving valid reasons.“Rule 43(6) of the CCS (Pension) Rules, 1972, specifies that a government servant who has opted for...

[Employees Provident Fund Act] No Appeal Lies Against Rejection Of Review Plea, Writ Petition Is Maintainable: Allahabad High Court

Relying on its earlier decision in Chandra Shekhar Azad University of Agriculture and Technology Vs. Regional Provident Fund Commissioner-II and Another, the Allahabad High Court has reiterated that a writ petition would be maintainable against the order in review under Section 7-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 as no statutory appeal is provided...

Withdrawal Of Earlier Notification For Departmental Promotion & Issuing Fresh Notification Under Amended Rules Is Not Mala Fide: J&K High Court

The Jammu and Kashmir High Court held that the university can issue a fresh notification for initiating the departmental promotions under amended rules pending the finalization of the process of promotion issued under the previous rules.The above orders came while the court was hearing the challenge by the petitioner against the fresh notification issued by the respondent University requiring...

ESI Contribution, Can't Exempt Establishment Based On Pvt Insurance And Not Having Local Dispensary: AP HC

Andhra Pradesh High Court: A single judge bench of Justice Nyapathy Vijay held that the mere absence of an ESI dispensary nearby cannot exempt an establishment from liability under the Employees' State Insurance Act, 1948 (“ESI Act”). The court clarified that only the appropriate govt is empowered to grant such exemptions under Section 87 of the Act, and that such exemptions ought...

Recognized Institution Bound By Mandate On Removal Of Employees Under Non-Govt Educational Institutions Act: Rajasthan High Court

The Rajasthan High Court has said that if any part of an institution was receiving a grant, then the entire institution shall be treated as aided and even if the grant was not received for a particular post, employees on such posts are entitled to protection from removal under State Non-Government Educational Institutions Act and relevant rules.Justice Anand Sharma further opined...

Jammu & Kashmir High Court Quashes Seniority Benefits For Rehbar-E-Taleem Teachers Prior To Regularization Of Services

The Jammu and Kashmir and Ladakh High Court has held that seniority of ReT (Rehbar-E-Taleem) teachers must be reckoned from the date of appointment as a general line teacher and the pre-regularization period of five years will not be included for the purpose of fixing seniority.The appellants had challenged the government order whereby the period of service of ReT teachers prior to...