Service Law – Financial Upgradation – MACP vs. ACP Scheme – No Interference – The respondent, an employee of Doordarshan, sought higher Grade Pay under the ACP Scheme despite having accepted financial upgradations under the MACP Scheme without protest – Tribunal allowed the claim relying on B.D. Kadam and was upheld by the High Court – Held: Though subsequent de...
Service Law - Civil Services – Promotion to Chief Secretary Grade – Incomplete ACRs and Review Committee Assessment – Denial of Promotion Upheld – The appellant, a 1991-batch IAS officer, was denied promotion to the Chief Secretary grade on the ground of incomplete ACRs and adverse remarks – Held: Though considered as a ‘special case’ with less than 90% AC...
Service Law - Transfer – Equivalence of Post – Non-Cadre Transfer Held Illegal – Appellant transferred from post of Chief Medical & Health Officer (CM&HO), a cadre post, to Deputy Controller, which is not included in the amended cadre list of 2012 – Held: Transfer constitutes deputation to a non-cadre post without statutory backing – Reliance on outdated rules...
Service Law - Family Pension – Legal Entitlement of First Wife – Marriage Not Dissolved – Held: Plaintiff, being legally wedded wife, entitled to family pension despite separation – Marriage never dissolved and was subsisting till husband’s death – Trial court rightly granted her limited relief of family pension [Paras 22–24, 28].
Nomination and Will &n...
Service Law – Removal From Service - Departmental Proceedings – Disagreement with Enquiry Report – Principles of Natural Justice – Removal Set Aside – Disciplinary Authority disagreed with the Enquiry Officer’s finding exonerating the petitioner without providing prior opportunity of hearing or disclosing tentative findings – Held: Such unilateral disagree...
Pension – Delayed Absorption – Entitlement Recognized – Tribunal Order Set Aside – Petitioner served as Medical Officer at a government-acquired institution and was directed to be absorbed in 2005 – Absorption delayed till 2010 despite court orders – Court held delay attributable solely to State – Held:
Petitioner entitled to count service period fr...
Service Law – Regularisation in Higher Post – Petitioner Appointed as Peon but Entrusted Duties of Cashier – LongTerm Functioning in Higher Post Without Formal Promotion – Regularisation Ordered as Peon Ignoring Court Direction and Favourable Performance Report – Held: Petitioner qualified for regularisation in post of Cashier under 1984 Rules – Board failed to ...
Service Law - Pension Scheme – Challenge to Cut-off Date – Article 14 Violation Alleged – Dismissed - Petitioners challenged the repeal of the Himachal Pradesh Corporate Sector Employees Pension Scheme, 1999 by notification dated 02.12.2004 and the cut-off date that allowed only employees retired before that date to receive benefits – Petitioners sought parity under Article...
Employment Law – Regularization of Services – Deceased Employee – Respondent’s claim for regularization of her deceased husband’s services after 12 years from his death – High Court directed State to regularize services one day prior to death for pensionary benefits – Supreme Court held deceased was not entitled to regularization at the time of death due t...
Service Law – Compassionate Appointment – Fraudulent Claims – Respondent-employees were appointed on compassionate grounds in the Eastern Railway based on forged and fabricated documents – The Supreme Court upheld the dismissal from service, emphasizing that appointments obtained through fraud vitiate the proceedings and nullify any claims to protection under Article 311 of...