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,...

Prolonged Suspension From Service Mirrors Penalty: Rajasthan HC Directs State To Ensure 'Reasonable Timeline' For Further Action, Lays Guidelines

The Rajasthan High Court ruled that even though suspension is though legally not a penalty but an interim measure, however when dragged for a prolonged period mirrors punishment or “disguised” punishment.In doing so the court issued a mandamus to the State of Rajasthan–through Secretary, Department of Personnel, to ensure that all "competent authorities vested with the power to...

Time-Barred Service Dispute Can't Be Revived By Making A Belated Representation: Supreme Court

The Supreme Court held that a time-barred service dispute cannot be brought within the limitation period as per the Administrative Tribunals Act by filing a belated representation.When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach the...

Invalided Soldier Presumed To Be Disabled Due To Military Service; Entitled To Disability Pension : Supreme Court

The burden is on the Army to prove that the disability was not due to military service, the Court said.

Disciplinary Action Can't Be Upheld When Employee Was Acquitted In Criminal Case Over Similar Evidence : Supreme Court

The Court awarded a lumpsum compensation of Rs 30 lakhs to the Appellant finding that he was wrongfully dismissed from Bihar Police Service.

'Leave Encashment Rules Must Be Strictly Interpreted' : Supreme Court Denies Leave Encashment To Govt Servant Re-employed After Retirement

Courts must interpret leave encashment rules and statutes in a manner that prevents undue financial burden on employers.

Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly

The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...

Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC

Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...

Disciplinary Proceedings Cannot Be Continued Beyond Time Limit Set By Courts Without Seeking Extension : Supreme Court

The Supreme Court today (April 23) held that when a fixed time is stipulated by a Tribunal or Court to conclude the disciplinary proceedings, continuation of such proceedings beyond that time could be illegal if no bona fide attempt is made to seek extension of time.A bench of Justices Dipankar Datta and Prashant Kumar Mishra also stated that if the Tribunal/Court fixes a time with a rider...

Increase Of Working Hours Without Compensation In Government Mints, Calcutta High Court Finds Tribunal Award Reasonable

Calcutta High Court: A single judge bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Industrial Tribunal's award that denied compensation to mint workers for increased working hours. The court found that extending working hours from 37½ to 44 hours per week as recommended by the 5th Pay Commission was reasonable, as it was accompanied by enhanced pay...

Transfer From CMO To Hospital's Deputy Controller A Reduction In Rank, Amounts To Deputation For Which Consent Is Needed: Rajasthan HC

The Rajasthan High Court quashed an order where a government employee serving as Chief Medical and Health Officer (CM&HO) Udaipur was transferred as Deputy Controller of District Hospital, Pratapgarh observing that it amounted to deputation for which the employee's consent is mandatory which was missing herein. In doing so the court set aside the single judge's order which had upheld...

Higher Salary Mistakenly Credited To Employee Cannot Be Recovered, But Employee Cannot Seek Continuation Of Erroneous Benefits: J&K High Court

The Jammu and Kashmir High Court has held that the claim of the petitioners to avail the benefit of a mistake of fact, despite the mistake having been detected and corrected, is totally misconceived and cannot be accepted.The petitioners had argued that higher pay scale came to be granted to them without fraud or misrepresentation and therefore the respondent could not refix the salary in...