Service Law – Recruitment – LT Grade Assistant Teachers – Waiting List – Rule 12(8) of 1998 Rules – Discretion of Board – “Not larger than 25%” is a ceiling and not a mandate – No right to insist that waiting list must be 25% of vacancies – Recruitment cannot be prolonged indefinitely – No arbitrariness shown in criteria adopted by ...
Service Law – Recovery from Pension – Rule 2.2(a) PCS Rules – Consent Mandatory – Petitioner retired as Executive Officer from Municipal Council, Kaithal – Recovery of ₹6,63,688/- made from pension account in 2021 without prior notice or consent – Held: Recovery without consent is impermissible under Rule 2.2(a) of Punjab Civil Services Rules, Volume II and Ru...
Criminal Law – Prevention of Corruption Act, 1988 – Sanction for Prosecution – Effect of Departmental Exoneration – Held: Exoneration in departmental proceedings does not automatically lead to discharge in criminal cases, especially trap cases, due to different standards of proof; matter remitted to trial court to determine the competent sanctioning authority for the accuse...
Service Law – Age Relaxation – Recruitment to Post of Fireman and Fireman Driver – Petitioners challenged fixation of upper age limit at 25 years in Advertisement dated 29.08.2023 – Petitioners contended that the posts were lying vacant since 2015 and no recruitment held due to COVID-19 – Court noted that age limit was fixed under 2021 Rules framed under Section 26(2)...
Service Law – Recruitment Process – Cancellation – Petitioner and selected candidate secured equal marks in MBK selection – Petitioner alleged fabrication of marks to favour Opposite Party No.6 – Inquiry by District Project Manager confirmed irregularities – Collector directed re-evaluation of selection process following government guidelines – Held: In ca...
Service Law – Seniority – Determination of Inter-se Seniority – Direct Recruits vs. Promotees – Recruitment Year vs. Date of Appointment – Held: Seniority cannot be reckoned from the date of occurrence of vacancy or initiation of recruitment process unless expressly provided by rules – It must be reckoned from the date of substantive appointment/entry into the c...
Service Law – Wrongful Pay Fixation – Recovery – Group-D staff performing Group-C duties granted higher pay scale since 2004 – Recovery directed after 10–14 years – Applying Syed Abdul Qadir and Rafiq Masih – Held: Recovery from Group C/D employees, long-delayed and without misrepresentation, is inequitable and arbitrary; impugned memo/order quashed; refun...
Judicial Service Law - Premature Retirement – Judicial Officers – Integrity Remarks – ACR entries from 2009 onwards indicating doubts on integrity, punctuality, work shirking and adverse general reputation – Full Court’s collective decision based on entire service record upheld – Limited judicial review applicable – Recovery of subsistence allowance after ...
Labour Law – Gratuity – Forfeiture – Post-Employment Conduct – Petitioner-company forfeited gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act citing breach of post-resignation confidentiality and non-compete clauses – Allegation that respondents joined rival firm and misused trade secrets – Held: Even assuming misconduct, alleged acts occurred af...
Service Law – Disciplinary Action – Second Marriage – Bigamous Conduct – CISF constable married another lady constable while first marriage subsisted – Disciplinary authority imposed penalty of compulsory retirement – Writ petitioner contended family pressure led to second marriage and sought leniency – Single Judge remanded matter directing imposition of ...