Service Law – Pay Scale Anomaly – Parity in Pay – Appellant appointed as Industries Extension Officer pursuant to a common competitive examination conducted in 1981 – Differential pay scales introduced after pay revisions resulted in discrimination among similarly situated posts – Learned Single Judge directed grant of higher pay scale on parity relying on Patna High ...
Service Law – Leave Encashment – Dismissal from Service – Petitioner dismissed from service on account of criminal conviction – Claim for leave encashment rejected by competent authority under Rule 8.21 Punjab Civil Services Rules – Held: Dismissed employee not entitled to leave encashment [Paras 1-2, 7-8].
Service Rules – Punjab Civil Services Rule...
Labour Law - Industrial Disputes – Wage Revision – Onward Revision of Wages and Allowances – Tribunal Award Set Aside – Tribunal answered reference in favour of workmen on revision of wages and additional dearness allowance – High Court held that Tribunal failed to analyze oral and documentary evidence and jumped to conclusions by merely reproducing Supreme Court prec...
Service Law – Gratuity – Conflict between Payment of Gratuity Act, 1972 and Service Rules – CMD of Government Company – Applicability of MSTC CDA Rules – Appellant-company challenged Single Judge judgment upholding entitlement of respondent (former CMD) to gratuity under the 1972 Act – Held: Where service conditions are governed by CDA Rules permitting continuat...
Service Law – Pay Revision – Revised Pay Rules, 2017 – Employees in Service on Cut-off Date – Appellants attained age of superannuation in March 2016 – By virtue of FR 56(a), date of retirement extended to 31.03.2016 – Rules of 2017 applicable to employees in service on 31.03.2016 – Held: Appellants were in service on the cut-off date and entitled to revis...
Service Law – Compassionate Appointment – Not a Matter of Right – Respondents appointed as sweepers on compassionate basis after their fathers' deaths – Later sought appointment as Junior Assistants based on eligibility – Supreme Court held compassionate employment is a concession, not a vested right – Intended solely to mitigate sudden financial distress of...
Service Law – Equal Pay for Equal Work – Assam Rifles – Petition Dismissed – Petitioner Association sought parity in pay, pension and emoluments with Indian Army, citing similarity in duties and historical role – Held: Assam Rifles operates under dual control of MHA and MoD, unlike Army – Nature of duties, retirement age, and structural differences validly justi...
Service Law – Pension – Forfeiture of Past Service on Resignation – Context: The deceased employee, a conductor with DTC, resigned after 29 years of service. The resignation was accepted, but a subsequent request to withdraw it was declined. The legal heirs claimed pension, arguing the resignation should be treated as voluntary retirement given the length of service – Held:...
GPF – Nomination – Automatic Invalidity on Subscriber Acquiring Family – Subscriber nominated mother in 2000; married appellant in 2003 – Nomination form itself provided that nomination becomes invalid upon acquiring family – Held: Nomination became invalid in 2003; failure of subscriber to file fresh nomination does not revive earlier invalid nomination – High ...
Service Law – Eligibility Criteria – Equivalence of Qualifications – Diploma and B.Tech in Civil Engineering – Petitioners disqualified from selection to the post of Surveyor Grade II in KWA on the ground that their qualifications (Diploma and B.Tech in Civil Engineering) were not equivalent or presupposed the lower prescribed qualification of National Trade Certificate (NT...