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,...

Absolute Bar On Withdrawal Of Voluntary Retirement Once Accepted 'Unfair': Rajasthan HC Reads Down Provision In Civil Service Pension Rules

Reading down the proviso to Rule 50(4) of State Civil Services (Pension) Rules barring withdrawal from voluntary retirement once the application is accepted by the employer, the Rajasthan High Court said putting a complete embargo on an employee's choice to withdraw retirement plea even before it becomes effective renders the scheme suffering from manifest arbitrariness. It further held...

Cannot Be Compelled To Work Against His Own Wish: Himachal Pradesh High Court Directs University To Issue NOC To Professor Seeking New Job.

The Himachal Pradesh High Court directed Indira Gandhi Medical College (IGMC), Shimla, to issue a No Objection Certificate (NOC) to a professor who had received a job offer from another institution. Justice Sandeep Sharma: bonds executed by doctors, after their having done MBBS, medical courses, etc., to serve the State are binding and can be enforced, but since petitioner...

Higher Pension Cannot Be Granted Based On Duties Performed Temporarily: Himachal Pradesh High Court

Himachal Pradesh High Court held that pension benefits are to be granted based on the substantive post held by an employee, and not on temporary work assigned at a higher post for a brief period before retirement. Justice Ajay Mohan Goel : It may lead to a situation wherein any person on the verge of superannuation can be ordered or otherwise called upon to perform the duties of a...

MNREGA Workers are Not Employees Under Employees' Compensation Act: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a petition, holding that in cases involving the death of worker employed under the Mahatma Gandhi National Rural Employment Guarantee Act (“MNREGA”), 2005, compensation cannot be claimed under Employees' Compensation Act. The court determined that such workers do not fall under the definition of “employee” under Section 2(dd) of the...

Rajasthan Service Rules | High Court Lays Down Guidelines For Issuing 'Awaiting Posting Orders', Says Reasons Must Be Conveyed To Employees

While hearing a bunch of petitions by government employees who were put under the category of “Awaiting Posting Orders” without assigning or conveying any reasons, the bench of Justice Arun Monga at the Rajasthan High Court issued the following guidelines:1) Purpose and Justification of APOs a. To be issued based on administrative necessity or public interest and not as a punitive...

In Direct Recruitment Through Exam, Seniority Must Be Based On Marks & Not Past Service : Supreme Court

The Supreme Court recently invalidated a Tamil Nadu government order that gave in-service candidates seniority over open market recruits, despite the latter scoring higher marks in the selection exams. The Court emphasized that seniority should be based on performance in the exams rather than unrelated factors such as prior in-service experience. The Court reiterated that once an appointment...

Adverse Grading Must Be Communicated To Employees If It Forms Basis For Denying Benefit Of NFSG

A Division Bench of the Delhi High Court comprising of Justices Navin Chawla and Shalinder Kaur held that if the grading in the Petitioner's ACR gave rise to a civil consequence, such grading must have been communicated to him. The Bench observed that if the Petitioner did not get an opportunity to challenge such grading, the Authority can't use such grading to deny him the grant of...

“No Work, No Pay” Doesn't Apply If Appointment Delay Is Due To Authorities' Fault : Calcutta HC

A division bench of the Calcutta High Court comprising of Harish Tandon, J and Prasenjit Biswas, J held that the principle of “No Work, No Pay” does not apply when the delay in appointment is due to the fault of the authorities, thus entitling the affected person to monetary benefits. Background Facts The appellant appeared for 12th Regional Level Selection Test (RLST) for...

Delhi HC Upholds Dismissal Of CAPF Constable Who Remained Absent From Duty On Health Grounds, Says He Had Duty To Seek Leave After Surgery

The Delhi High Court has upheld the dismissal of a CAPF personnel for failing to intimate the force about his absence from duty due to his health condition.A division bench of Justices Navin Chawla and Shalinder Kaur was of the view that being in a disciplinary force, a high level of accountability was expected from the personnel and “it was incumbent upon him, post-surgery, to apprise...

If An Employee Is Exonerated In Disciplinary Proceedings, Interest Ought To Be Provided On Delayed Payment Of Retirement Benefits: Bombay HC

Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe allowed a writ petition that was filed by a widow asking for interest on the delayed payment of retirement benefits to her late husband. The court ruled that when an employee is acquitted or exonerated in disciplinary proceedings, the retirement benefits ought to be paid along with interest from...

Rajasthan High Court Orders State To Regularize Eligible Employees Appointed As Far Back As In 1979, Give Benefits To Irregular Appointees

Observing that in a welfare State prolonged denial of regularization despite continuous service for decades borders on institutional exploitation, the Rajasthan High Court passed a slew of directions to the State government in respect of various employees appointed as far back as 1979 whose initial appointments were irregular or illegal, but who had completed long years of service.Justice...