Service Law – Assured Career Progression – Adverse Annual Confidential Reports (ACRs) – Writ petition seeking the quashing of the order denying the petitioner the first ACP scale and directing the respondents to grant the first ACP scale upon completion of eight years of service. The petitioner’s service records included a “below average” ACR for 2009 and &ldquo...
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...
Termination of services during probation period – Appeal and revision – Maintainability – The petitioner’s services as a constable were terminated while on probation. The appellate authority dismissed the petitioner’s appeal on a technical ground, and the respondents contended that the petitioner had an alternative remedy of filing a revision petition. The court exami...
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 – Compassionate Appointment – Rule 4(1) of Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 – Petition for ex-gratia employment – Rule 4(1) restricts eligibility to cases where deceased employee was less than 52 years old at the time of death – Petitioner's father was 56 years old – Petitioner not entitled to...
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 – 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 - Dismissal from Service - Writ Petition - Challenge to dismissal order affirmed by Appellate Authority - Petitioner, Incharge of Police Malkhana, found grossly negligent in duty leading to missing money - Held, Petitioner's actions constituted gravest misconduct - Authorities need not reproduce statutory language if allegations substantiate misconduct - Writ Petition Dismissed [Pa...
Service Law – Deputation – Requirement of Consent – Article 226 – Rule 11 of Haryana Lokayukta (Functions, Powers, Inquiry and Investigation) Rules, 2008 – Petitioner directed to join as Private Secretary on deputation basis – Deputation requires tripartite consent involving parent department, borrowing authority, and deputationist – Petitioner did not exp...
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—...