Disciplinary Proceedings – Natural Justice – Denial of Defence Assistance – Petitioner not allowed to engage preferred defence representative, leading to a claim of violation of natural justice – Court held enquiry officer’s refusal to issue notice to proposed defence representative not in violation as the representative failed to appear on scheduled dates – Arg...
Administrative Law – Regularization of Temporary Employees – Tribunal ordered to prioritize candidates from the ranked list for engagement on a temporary basis – Directions challenged on grounds of violating Supreme Court's dicta on regularization (Uma Devi case) – Tribunal’s order found non-maintainable due to lack of affected parties' participation – K...
Simultaneous Proceedings – Departmental and Criminal – The court reiterated the principle that departmental proceedings and criminal trials can proceed simultaneously, as there is no legal bar for both to be conducted at the same time. The primary consideration is whether the departmental proceedings should be stayed to avoid prejudice to the defense in the criminal case. This is parti...
Pension – Qualifying Service Calculation – Petitioner contested the calculation of qualifying service for pension, arguing that his entire period of service should be counted, including the time spent as a work-charge employee – High Court found the Tribunal and respondents adhered to the applicable guidelines (Oms dated 14.05.1968 and 10.03.1986) – Petitioner’s relia...
Interest on Delayed Payment of Gratuity – Rate of Interest –
Petitioner challenged the order directing payment of simple interest on delayed gratuity at 10% per the 1987 notification, arguing for application of the 7.1% rate per the 2022 notification – Court held the 1987 notification specifying 10% interest as valid and applicable – Misreading of Section 7(3A) of the Pa...
Administrative Orders and Statutory Provisions – Supremacy of Law – The petitioner challenged the validity of various administrative memoranda that penalized her for participating in a strike. The Court held that statutory provisions and regulations must prevail over executive orders. Any administrative order conflicting with statutory law and regulations is ultra vires and must be set...
Disciplinary Proceedings – Judicial Review Limitations – Petitioner contested disciplinary actions resulting in leave without pay – OFDC Service Rules applicable – Judicial review limited to ensuring fair procedure, not reassessment of evidence – Court unable to alter disciplinary penalties unless they shock conscience [Paras 6-16].
Unauthorized Absence &...
Service Law – Regularization of Service – Petitioner seeking regularization of service from 1992 to 2016 on notional basis without financial benefits and from 2016 onwards with financial benefits – Petitioner continuously worked since 1992 – Government had conferred ‘Temporary Status’ in 2013 and regularized service in 2016 – Citing precedents on regulariz...
Service Law - Pension Scheme – Switching Between DCRB and CPF Schemes – Rights under Clause 63(2) of DCRB Regulations – Employees who initially opted for the DCRB Scheme but later switched to the CPF Scheme can exercise their right to return to the DCRB Scheme under Clause 63(2), subject to refunding the employer’s share of provident fund and gratuity exceeding ₹70,000. D...
Labour Law – Dismissal without Inquiry – Lump Sum Compensation Awarded – The Labour Court awarded Rs. 5,00,000 as lump sum compensation to the dismissed worker who served over 14 years without conducting an inquiry – Held: The Labour Court’s findings were reasoned, and no reinstatement was granted due to the worker's age of superannuation and lapse of 24 years sin...