Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in ...
Service Law - Deputation - Requirement of Consent - Tripartite Agreement - Petition challenging deputation order directing petitioner to join as Private Secretary in the office of Lokayukta, Haryana—Deputation requires a tripartite agreement involving the parent department, borrowing authority, and the deputationist—Petitioner did not express willingness to proceed on deputation—...
Service Law - Retrospective Reduction in Salary - Re-designation – Held, the appellant cannot be re-designated to a post for which the revised consolidated remuneration is less than what she was already receiving. Recovery ordered by reducing the monthly remuneration of a contractual employee with retrospective effect is patently illegal. The order of the learned Single Judge is set aside. T...
Labour Law - Compensation for Retrenchment - Sufficiency of Compensation – Held, the respondent, having worked for 2 years, was adequately compensated with Rs.1 lakh, which was already paid. The Single Judge was justified in setting aside the Labour Court's award based on the respondent not completing 240 days of work. The appeal is partly allowed. [Paras 1-12]
Determination...
Service Law - Family Pension - Widow of Deceased Employee - Petition under Article 226 - Second wife denied full family pension - First wife predeceased employee - Note 1 of Rule 6.17(4) invoked incorrectly - Rule applicable only if more than one widow survives - Only one widow at the time of employee’s death - Full pension granted to the petitioner - Petition allowed. [Paras 1-11]
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Service Law - Recruitment Process - Petition under Article 226 - Petitioners appeared in CET for Group-C posts, including VLDA - Failed to achieve qualifying marks - Sought relaxation from CET requirement for skill/written exam - High Court dismisses petition - Requirement of eligibility test upheld as essential to gauge candidates' capability - Petitioners cannot seek exclusion of VLDA posts ...
Service Law – Assured Career Progression (ACP) – Regular Satisfactory Service – Writ petition seeking modification of the date of grant of first ACP from March 1, 2019, to June 25, 2016. The petitioner contended that he completed eight years of regular satisfactory service in 2016 and was entitled to the ACP from that date. Held, imposition of fines as punishments does not consti...
Service Law – Dismissal from Service – Misconduct – Regular Second Appeal challenging the Appellate Court’s decision that set aside the Trial Court’s judgment favoring the appellant and upheld his dismissal from service. The appellant, a Constable in the CRPF, was dismissed for misbehaving with a senior lady officer and being under the influence of liquor during duty ...
Service Law - Regular Appointment - Delay in Verification - Writ petition for regular appointment benefits from date of appointment - Petitioner appointed as PGT Home Science on regular basis, but benefits not given due to delay in experience certificate verification - Held, petitioner entitled to benefits of regular employee - Delay attributable to Department, not petitioner - Petitioner to be tr...
Service Law – Termination of Employment – Non-compliance with Procedural Requirements – Termination of respondent's services by Kerala Agricultural University for unauthorized absence after expiry of Leave Without Allowance (LWA) challenged – High Court Division Bench set aside the termination, holding that the university failed to follow the prescribed procedure under ...