Service Law - Reservation Claim Proof - Appeal - Appeal against order granting appointment under EBPGC category despite late submission of certificate - Held, Eligibility qualifications must be possessed by the cutoff date, but proof of eligibility for reservation can be submitted later - Appeal Dismissed, respondent entitled to appointment [Paras 27-29].
Eligibility vs. Proof of Elig...
Service Law – Dismissal from Service – Natural Justice – Writ petition challenging dismissal from service for alleged bribery – Personal hearing conducted by a different officer than the one who passed the final order – Held, principles of natural justice mandate that the officer who hears must also decide – Successor officer had no occasion to hear the petition...
Service Law – Promotion Eligibility – Joint Seniority – Letters Patent Appeal against the order directing reconsideration of promotion cases – Respondents promoted as Senior Assistants from a common seniority list – Appellants contended respondents lacked one year experience as Clerks as per Rule 8(1)(d)(ii) – Held, Rule 11 Note-1 treats Clerks, Steno Typists, a...
Service Law – Recovery of Excess Payment – No Fraud or Mistake by Employee – Appeal against quashing of recovery order – Respondent received excess increment for 20 years due to employer's mistake – No allegation of fraud or mistake by respondent – Inequitable to recover after retirement or near retirement – Recovery orders set aside – Appeal dis...
Service Law – Pay Parity – Educational Qualification – Writ petition challenging different pay scales for graduate and non-graduate clerks – Petitioner, a non-graduate clerk, sought higher pay scale granted to graduate clerks – Held, educational qualification constitutes a valid basis for different pay scales – Classification between graduate and non-g...
Service Law – Increase in Punishment – Show-Cause Notice – Writ petition challenging enhancement of punishment by the Appellate Authority – Petitioner, a Veterinary Livestock Development Assistant, punished for absenteeism – Appellate Authority increased punishment without serving show-cause notice – Held, as per Rule 11, Appellate Authority must issue show-caus...
Service Law - Recovery of Excess Payment – Regular Second Appeal against order of lower appellate court setting aside recovery of excess amount paid to employee – Employee’s salary wrongly fixed by the department in 1996, error discovered in 2011, recovery sought – Held that recovery from employee impermissible when no fraud or misrepresentation is involved and when benefit...
Civil Service Law - Regularization of Service - Seniority List vs. Log Book - Appeal challenging the de-regularization of service by relying on the seniority list over a log book. Appellant claimed an earlier date of appointment based on the log book. Held that the log book, being in the custody of the employee and used only for recording certain facts, cannot supersede the seniority list, which i...
Service Law – Dismissal and Reinstatement – Salary and Allowances – Petitioner working as constable suspended due to criminal charges – Dismissed upon conviction – Acquitted and reinstated – Order treating period from dismissal to reinstatement as “dies non” challenged – Held, detention due to criminal charge considered beyond control of employ...
Service Law – Definition of Government Schools – Recruitment Criteria – Writ petitions challenging rejection of candidature for not possessing requisite experience in Central/State Government Schools – Petitioners teaching in Adarsh Schools run by Punjab Education Development Board (an autonomous statutory body) – Held, Adarsh Schools do not fall within definition of ...