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...

Terminated Temporary Workers Given Right To Apply In Future Recruitment Processes Along With Age Relaxation: Madras HC

Madras High Court: A single judge bench consisting of Justice Shamim Ahmed held that seasonal workers whose engagement was cancelled due to procedural irregularities, should not be punished for faults of the selection committee. The court ruled that while such temporary workers could not be reinstated, they must be permitted to participate in future recruitment processes, along...

Abandoning Duty Without Prior Sanction Is Not 'Deemed Resignation', Must Be Dealt As Indiscipline Under Civil Services Rules: Rajasthan HC

Rajasthan High Court partly allowed a plea challenging an order under Rule 86 of Rajasthan Voluntarily Rural Education Service Rules as per which a government college teacher was “deemed to have resigned”, stating that though show cause notice issued to him was correct, his act of not reporting back on duty could not be deemed as a resignation. The court said that though Rule 86 was...

CCS Pension Rules | Contractual Service Must Count Towards Pension Once Employee Is Regularised : Supreme Court

The Supreme Court observed that a contract job period should be counted for pensionary benefits, once the government employee is regularized. A bench of Justices PS Narasimha and Joymalya Bagchi ruled in favour of government employees who were initially appointed on a contractual basis and later regularized, holding that they are entitled to pensionary benefits for their entire service...

Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC

The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...

Suspension Order & Charge Sheet Issued On Holiday Not Invalid, Govt Functions 24 Hrs A Day, 7 Days A Week: Rajasthan HC

While rejecting a petition challenging a suspension order and charge sheet issued to the Pradhan of a Panchayati Samiti, Rajasthan High Court held that charge-sheet and the suspension order could not be considered as void or invalid on the mere ground that the two were issued on a holiday.Justice Anoop Kumar Dhand in his order said that government servants were not barred from working on...

Entitlement To ACP/MACP Benefits Is Based On Completion Of Qualifying Service, Not On Additional Qualifications: Jharkhand HC

The Jharkhand High Court bench comprising Justice Ananda Sen held that under the ACP/MACP Schemes, financial upgradation must be granted on completion of regular service without insisting on additional qualifications. Further the subsequent government resolutions cannot retrospectively affect accrued service benefits. Background Facts The petitioner was appointed on 15.04.1980 in...

Central Govt Is Appropriate Authority For Industrial Disputes Involving Nationalized Companies Irrespective Of Contrary Notifications : Calcutta HC

The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that when an industry is nationalized and carried on under the authority of the Central Government pursuant to a statute like the Nationalization Act, the Central Government is the “appropriate government” under Section 2(a)(i) of the Industrial Disputes Act, 1947 for adjudication of industrial...

Compassionate Appointment, An Exception To Regular Recruitment, Can Be Denied If Dependents Received Sufficient Benefits : Delhi HC

The Delhi High Court bench comprising of Justice Prateek Jalan held that compassionate appointment, an exception to regular recruitment, is granted only to relieve financial hardship after a government servant's death in service. It can be denied if the family is financially stable or has received sufficient benefits under various schemes. Background Facts The petitioner's father...

Accepting Lower Post Under Compulsion Doesn't Bar Legitimate Claims Due To Procedural Lapses In Selection Process: J&K High Court

The Jammu and Kashmir High Court held the petitioner's acceptance of the Constable post as against claim made for Sub-inspector on compassionate grounds did not negate his original claim because it was made after a prolonged struggle and under duress.The petitioner whose father had died in counter-insurgency applied to be appointed as Sub-inspector under SRO 43 on compassionate grounds...

26 Yrs On, Rajasthan HC Laments Plight Of Meritorious Visually Impaired Man Denied State Service Cadre For Not Fitting State's Check-Boxes

After over 2 decades, Rajasthan High Court granted relief to a visually impaired candidate who, despite being meritorious in the Examination, was not appointed under Rajasthan Administrative Service (RAS) but under State Accounts Service. This was because the State had not considered him disabled enough for reservation under disabled category and he was also not considered medically fit under...

If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC

Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated,...