Policy Changes Before Appointment Can't Be Challenged As No Vested Right Exists Prior To Issuance Of Appointment Letter : Jharkhand HC

A Division bench of the Jharkhand High Court comprising of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava held that a candidate cannot challenge a policy change made prior to the appointment as no vested or accrued right arises from an advertised pay scale unless an appointment letter is issued. Background Facts The Jharkhand Staff Selection Commission...

Teachers Absorbed Into State Service From Panchayats Are Entitled To Gratuity Under Payment Of Gratuity Act: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Vivek Jain dismissed a writ petition filed by the state of Madhya pradesh. The petition challenged an order that granted gratuity to teachers, who were absorbed into State service. The court upheld that the teachers absorbed into state service from panchayats are entitled to gratuity under the Payment of Gratuity Act, 1972, and...

Once Worker Provides Testimony Under Oath, Burden Shifts On Employer To Disprove Claims: Delhi HC

Delhi High Court: A single judge bench of Justice Manoj Jain dismissed a petition that was filed by the Deen Dayal Upadhyay Hospital. The hospital was challenging a labour court award that awarded compensation to a sanitation worker. The court agreed with the Labour Court and ruled that the worker had been in continuous employment for over 240 days, and was improperly terminated....

State Can't Invoke Bond Condition In Earlier Appointment After Employee Is Issued Fresh Appointment Letter: Rajasthan High Court

The Rajasthan High Court ruled that once an employee was provided a fresh appointment letter, she could not be bound by the condition of bond prescribed in her earlier appointment letter or the rules governing such appointment.Justice Rekha Borana was hearing a writ petition filed against a direction from the State directing recovery of Rs. 5 lakhs from the petitioner on account of breach of...

Common Practice To Not Reflect Casual/ Daily Wage Worker In Employment Records: Rajasthan High Court Upholds Grant Of Award To Such Employee

Rajasthan High Court has upheld an order of the Tribunal under Employees Compensation Act granting compensation to a daily wage worker (respondent) who was injured during his employment but was not appearing in the Employees State Insurance Register or the attendance register of the employer-appellant.While agreeing with the reasoning of the Tribunal that the employee could be a...

Irregularly Appointed Staff, If Confirmed, Can't Be Terminated Arbitrarily: MP High Court

Madhya Pradesh High Court: A division bench consisting of Justice Suresh Kumar Kait and Chief Justice Vivek Jain, reinstated a university employee terminated after over 25 years of service. The court ruled that his appointment was merely irregular and not illegal, and that subsequent confirmation of service had regularised his post. The court held that confirmed employees cannot...

MP HC Grants Reinstatement With 50% Back Wages, As Termination Violated Section 25(F), Industrial Disputes Act, 1947

Madhya Pradesh High Court: A single judge bench consisting of Justice Milind Ramesh Phadke set aside a labour court award of 2017, that had denied a worker full back wages. The court held that the worker's termination was illegal, as it violated Section 25(f) of the Industrial Disputes Act, 1947 ('ID Act'). Relying on an earlier case from the same court, the High Court directed the...

'Flawless Communication' Is Key: Karnataka HC Rejects Plea Of Man With Speech Disorder Denied Appointment As Asst Railway Loco Pilot

The Karnataka High Court has rejected the petition filed by a Railway Job Aspirant who was not appointed to the post of Assistant Loco Pilot (ALP) as he was found to be stuttering speech by the Railway Recruitment Board which termed it as a speech disorder. A division bench of Justice V Kameshwar Rao and Justice T M Nadaf dismissed the petition filed by one Rishi Kumar against an order passed...

'Termination In Service Law Like Capital Punishment': Rajasthan HC Quashes Order Removing PT Instructor Based Only On Show-Cause Notice

While directing reinstatement of a government employee terminated without charge sheet or disciplinary inquiry, the Rajasthan High Court said that an order of termination in service law is akin to capital punishment which can be passed only after holding a proper inquiry to prevent punishment of innocent persons.Justice Vinit Kumar Mathur was hearing a petition filed by a Physical...

Delay In Appointment, Employee Entitled For Qualifying Service For Pension, But No Wages: Calcutta HC

Calcutta High Court: A division bench consisting of Justices Madhuresh Prasad and Supratim Bhattacharya allowed a petition that was filed by a doctor, whose pension was denied due to insufficient qualifying service. The court ruled that if the Government delays in implementing court mandated absorption of an employee, the period of delay should be counted towards the qualifying service...

For Mere Unauthorised Absence, Punishment Of Compulsory Retirement Too Harsh: Patna HC

Patna High Court: A single judge bench consisting of Justice Purnendu Singh quashed an order that imposed compulsory retirement on a CISF constable for allegedly misbehaving at work. The court held that the punishment was disproportionate, and further directed the Disciplinary Authority to impose a lesser punishment. The court explained that a disproportionate penalty attracts Article 21...

CAT Srinagar Directs J&K Administration To Grant Full Service Benefits To Retired Officer After 20 Years

The Srinagar bench of the Central Administrative Tribunal (CAT) directed the J&K administration to grant full service benefits, including seniority and promotion, to 70-year-old retired officer, while quashing the government order denying him seniority and promotion.The applicant had challenged this government order claiming it was blatant violation of the High Court's judgment,...