Gratuity – Applicability of Payment of Gratuity Act to Zilla Parishad Employees – PG Act Held Applicable - Petitioners (Zilla Parishad, Washim) challenged orders of Controlling Authority directing payment of gratuity under the PG Act to retired health workers – Petitioners contended employees were covered under Maharashtra Civil Services Rules and hence excluded under Section 2(e...
Service Law – Departmental Appeal – Punishment Enhanced Without Notice – Order Set Aside – Petitioner, a police officer, was initially punished with forfeiture of two increments after an incident involving a minor—Home Secretary enhanced punishment to reduction in rank without issuing notice – Held: Enhancement of penalty without show cause notice violates Rule ...
Judicial Proceedings – Conduct During Video Conferencing – SOP Recommendation Upheld – Petitioner, a Senior Police Inspector and witness in a Sessions Trial, challenged a Trial Judge’s letter to the DGP recommending Standard Operating Procedures (SOPs) for remote testimony – The letter was based on his alleged disrespectful behavior while deposing from a police statio...
Service Law – Compulsory Retirement – Judicial Officer – Validity of Adverse Material Considered – Challenge Rejected - Petitioner, a judicial officer compulsorily retired based on adverse remarks and a censure entry – Contentions regarding uncommunicated vigilance reports and pending representations rejected – Court held that adverse entries and censure, having...
Service Law - Seniority – Surplus Railway Employees – Fixation at Recruitment Grade – Upheld – Appellants, railway guards transferred from Bhavnagar Division to newly formed Ahmedabad Division due to surplus posts, challenged fixation of their seniority at the bottom of the recruitment grade – Supreme Court upheld Tribunal and High Court rulings applying Paragraph 313...
Service Law - Pension Law - Pension Calculation – Deputation Allowance – Exclusion from Average Emoluments – Deputation Allowance Not Included - Petitioners contended that deputation allowance received during service on deputation should be included in the last drawn salary for calculating pension – Held: Deputation allowance cannot be treated as part of basic pay for pensi...
Service Law - Disciplinary Enquiry – Non-compliance with Statutory Procedure – Inquiry Held Vitiated – No Witness Examined – The enquiry against the respondent was conducted without examining any witnesses or proving documents relied on in the chargesheet – The Enquiry Officer solely relied on the chargesheet and reply of the delinquent officer – Held: Such enqu...
Service Law - Seniority – Date of Appointment v. Date of Selection – Partial Relief Granted – Appellants participated in 2003 judicial service exam and were appointed after a High Court order in 2012 – Though appointed in 2013, they claimed seniority over later batches – Held: They cannot claim seniority over those appointed before 2nd May 2012 (date of HC order), but...
Service Law - Disability Pension – Presumption in Favour of Serviceman – Rules 5, 9 and 14 of 1982 Rules – Orders Set Aside - Supreme Court held that under the entitlement rules, a person entering service is presumed medically fit unless a disability is recorded at the time of joining – Any subsequent disability leading to discharge must be presumed attributable to or aggra...
Service Law - Departmental Inquiry – Vagueness in Charges – Disciplinary Proceedings Vitiated – The charges framed under Rule 55 of the 1930 Rules were found to be vague, indefinite, and lacking material particulars – The departmental file was not produced despite Court’s direction, leading to adverse inference under Section 114(g) of the Indian Evidence Act – H...