Service Law – Selection Criteria – Elementary Trained Teachers (ETT) – Challenge to the selection criteria for ETT posts, which awarded additional marks for higher qualifications – Petitioners argued this was contrary to the Service Rules which mandate selection based solely on written test scores – Court held that the criteria violated Rule 6(4) of the 2018 Service R...
Service Law – Pay Scale Parity – Appellants challenged the Single Judge’s order granting higher pay scales and benefits to the respondents, similar to those awarded to another set of petitioners in a prior case – Appellants argued the respondents were “fence sitters” and their claims were time-barred due to delay, waiver, and acquiescence – High Court set ...
Retiral Benefits – Leave Encashment and Age of Superannuation – The appellants challenged the Single Judge's order extending leave encashment benefits for service beyond 60 years. The court held that there is no uniform rule that leave encashment forms part of salary, and it depends on specific statutes and regulations. The Panjab University regulations did not provide for leave en...
Service Law – Recruitment Process – The appellants challenged the selection criteria for the post of Prabodhak as advertised on 31.05.2008, arguing that age relaxation and bonus marks granted for teaching experience in government projects were discriminatory and violated Article 14 of the Constitution of India – High Court upheld the recruitment criteria, leading to the present a...
Service Law - Withdrawal of Benefits Post-Retirement - Proficiency Step-Ups and ACP – Petitioner, a retired Superintendent, contested the withdrawal of proficiency step-ups granted in 1993 and 1999 and subsequent recoveries from her gratuity and leave encashment – Held, as per Rule 9.4(b)(iii) read with Rule 6.19(c) of the Punjab Civil Services Rules, for reckoning pension, only the co...
Service Law - Disciplinary Proceedings - Supervisory Responsibility and Delay – Petitioner, a retired District Food and Supplies Controller, faced allegations of supervisory lapses and damage/shortage of wheat gunny bags dating back to 1989 – Inquiry initiated six years later in 1995 and completed in 2002 found no lack of supervision by the petitioner – Competent authority's ...
Employment Law - Prescribed Qualifications – Writ Petition – Employer's right to prescribe qualifications for a post – Applicants cannot claim the benefit of equivalent qualifications unless explicitly stated – Court not to sit in appeal over expert opinions on qualifications – Advertisement and statutory rules stipulate recognized qualifications – Petitione...
Service Law - Departmental Inquiry – Writ Petition – Termination Proposal – Inquiry conducted against Junior Assistant on charges of indiscipline and misconduct – Approval for termination declined by DPI due to lack of documentary evidence – Educational Tribunal upheld DPI’s decision – Held that mere absence of delinquent in inquiry does not imply admissio...
Employment Contract – Restriction on Job Application – Validity – Government servant’s right to apply for another post restricted for five years by employer – Court held such restriction is valid and not opposed to public policy – Qualified employees' job hopping curbed by such clauses to prevent disruption and financial waste – Selection and training ...
Teachers Transfer Policy – Weightage of Points – Clause 6 – Petitioners challenged the policy on grounds of discrimination and inaccuracies in the online portal showing vacant posts – Court held the policy aimed at uplifting education standards in higher classes and did not suffer from arbitrariness or discrimination – Emphasized that administrative decisions applicab...