Transfer Policies Are Administrative Guidelines, Not Enforceable Rights; Voluntary Retirement Can't Be Withdrawn After Acceptance: P&H HC

llegal Mining In Goa: No Inherent Arbitrariness In The Renewal Of Iron Ore Mining Leases By State, Argues Sr. Adv. CU Singh

Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC

Rajasthan High Court affirmed that in cases where there was more than one delinquent employee with similar or common charges, composite disciplinary proceedings could take place against them only if the competent and disciplinary authorities of all such delinquent employees were the same. In case such authorities were different for all employees, the jurisdiction of one could not be snatched by another.Furthermore, the bench of Justice Anoop Kumar Dhand highlighted that it was a settled position...

In Absence Of Statutory Provision For Waiting List, Unfilled Vacancies Can't Be Claimed By Next Merit Candidate : Chhattisgarh HC

A division bench of the Chhattisgarh High Court comprising of Ramesh Sinha, Chief Justice and Justice Ravindra Kumar Agrawal, held that in absence of statutory provision for a waiting list, the unfilled vacancy cannot be claimed by the next candidate in merit, and such vacancies must be carried forward for the future recruitment Background Facts An advertisement for 57 posts of Sanitary Inspector was issued by the Directorate, Urban Administration Department, ...

Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC

The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry of this period the petitioner's father was granted promotion to the post of Manager of Union of India,...

Pay Verification Cell Cannot Unilaterally Override University's Pay Fixation Of Employees: Patna HC

Patna High Court: A Single Judge Bench of Justice Harish Kumar ruled that the Pay Verification Cell under the Education Department cannot unilaterally override pay fixation decisions made by a university's statutory committee. The court held that objections from the Pay Verification Cell should be treated as audit objections; they require the university to notify affected employees and seek their responses before any action is taken. The court ruled that the final decision on pay fixation...

MP High Court Clarifies Distinction Between Original And Absorbed Janpad Panchayat Employees For Pension Eligibility

Madhya Pradesh High Court: A Division Bench of Justices Suresh Kumar Kait (Chief Justice) and Vivek Jain dismissed an appeal against a Single Judge's order. The court ruled that a Janpad Panchayat employee who failed to establish his absorption from the previous Janpad Sabha is not entitled to pension benefits. The court held that only employees of Janpad Sabha absorbed into Janpad Panchayat after the 1962 MP Panchayats Act would have pension rights, while original Janpad Panchayat...

Leave Encashment Is A Constitutional Property Right; It Cannot Be Denied Without Specific Statutory Authority: Karnataka HC

Karnataka High Court: A single judge bench of Justice M. Nagaprasanna declared that an employee dismissed from service is entitled to leave encashment, as it constitutes a property right under Article 300A of the Constitution. The court held that the Karnataka Gramina Bank refusing to pay leave encashment to a dismissed employee was illegal. It emphasized that once earned, terminal benefits including leave encashment become the employee's property. Thus, they cannot be withheld...

Resignation Of Employee Can't Be Accepted Retrospectively If It Is Withdrawn Before Acceptance: Punjab & Haryana High Court

The Punjab & Haryana High Court made it clear that resignation of an employee cannot be accepted retrospectively if the resignation is withdrawn before the acceptance.Justice Harsimran Singh Sethi said, "Once, a resignation which is sought to be accepted had already been withdrawn by the petitioner, there was no jurisdiction with the authority concerned to accept the same with retrospective effect so as to over come the withdrawal of the resignation by the employee concerned."The Court was...

Authority Imposing Damages Must Provide Detailed Reasoning For Penalties Under EPF Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Central Industrial Tribunal's order that had set aside damages imposed by the Assistant Provident Fund Commissioner. The Court held that authorities imposing damages under Section 14B of the Employees' Provident Fund Act must provide detailed reasoning and proper calculation...

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C(2) of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. The court clarified that a “cease and desist” direction in an order declaring a transfer illegal does not automatically create monetary entitlements. Furthermore, it...

Daughter-In-Law Integral Part Of Family, Entitled To Compassionate Appointment: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that a daughter-in-law is an integral part of the family and is entitled to appointment on compassionate grounds. The Court further noted that while the government recognises a son or daughter of the deceased government employee for compassionate appointment, the daughter-in-law, despite not being traditionally classified as family, should also be...

Failure To Follow Retrenchment Procedure, Employee Crossing Retirement Age, Bombay HC Directs Lumpsum Compensation

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne partially allowed a writ petition challenging a Labour Court order. The court held that an employee who had already crossed retirement age could not be reinstated, but was entitled to lumpsum compensation for the period between illegal termination and retirement. The court observed that while the employer had...

Bombay HC Sets Aside ESIC Order For Denying Hearing And Relying On Undisclosed Reports

Bombay High Court: A single judge bench of Justice Sharmila U. Deshmukh set aside the Employees' State Insurance Corporation's (ESIC) rejection of Mondelez India Foods Pvt. Ltd.'s appeal. The court found that ESIC violated principles of natural justice by dismissing the appeal without granting a hearing, despite disputed facts about when the company received the original order. The...

Circular To Recommend Candidate 45 Days Before Expiry Of Waiting List Not Meant To Curtail 6-Month Validity Period Of Wait List: Rajasthan HC

The Rajasthan High Court has ruled that the 45-day time period under Clause 11 of the Department of Personnel Circular dated April 5, 2021 (“Clause 11”), was not meant to curtail the validity of the waiting list to less than 6 months even when the recommendations from the waiting list were not made within the stipulated timeline.Clause 11 of the DoP Circular dated April 5, 2021, laid down...

Recovery Of Excess Pension Due To Administrative Error Cannot Be Enforced Against Elderly Pensioners Or Widows: J&KHigh Court

Giving relief to an elderly woman pensioner in whose account an excess amount of pension was credited, the Jammu and Kashmir High Court held that if, due to an administrative error, an excess amount is credited to the accounts of elderly pensioners or widows which is withdrawn, the same cannot be recovered.The court noted that the appellant is an elderly lady, 77 years of age, and a...

Illegal Termination, Daily Wage Workers Entitled To Reinstatement With 50% Back Wages : MP HC

Madhya Pradesh High Court: A single judge bench of Justice Vishal Mishra upheld a Labour Court's award that reinstated a daily wage worker with 50% back wages, after finding his termination violated the Industrial Disputes Act (ID Act). The court rejected the State's contention that reinstatement should not be granted as a routine remedy. It affirmed that when services are...

Rajendra Agricultural University Statutes | Default Retiral Benefit Scheme Is Pension & Gratuity Unless Employee Specifically Opts For Contributory Provident Fund: Supreme Court

The Supreme Court ruled in favor of a retired University professor. A Bench of Justices Pamidighantam Sri Narasimha and Manoj Misra held that under the Rajendra Agricultural University Statutes, 1976, the default retiral benefit scheme is General Provident Fund-cum-pension-cum-gratuity, unless an employee specifically opts for the Contributory Provident Fund scheme. The Court set aside...

Approval Granted 30 Yrs Ago Can't Be Withdrawn On Ground That Post Was Not Created By Competent Authority: Allahabad High Court

Allahabad High Court has held that approval for a post sanctioned 30 years ago cannot be withdrawn only on grounds that it was not created by competent authority. It held that the person employed on such post cannot be denied salary after 30 years of continuous work and being paid without allegations of fraud or malpractice.Madarsa Jamia Alia Arabia Alinagar, Mau is a non-government...

Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1

The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director (Administration and Human Resources) KPTCL and others v. C.P. Mundinamani and others and Union of India & Ors. Vs M....

Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds

The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment.Justice Arun Monga opined that the petitioner's appointment might appear unfair since he...