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...
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 - Unauthorized Absence - Termination of Services - Haryana Police – Regular Second Appeal against the order dismissing the civil suit and first appeal challenging the termination of the appellant's services – Appellant, a Head Constable, claimed unauthorized leave to attend a Public Police Samelan and alleged he was restrained from rejoining duty – Enquiry proceed...
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 - Seniority - Compassionate Appointments - Administrative Instructions vs. Statutory Rules-Seniority - Compassionate Appointments vs. Direct Recruits – Civil writ petition under Articles 14 and 226 challenging the seniority list dated 22.03.2012 – Held: Seniority must be granted in accordance with statutory service rules. Administrative instructions cannot override statutor...
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...
Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand and acceptance – In the absence of direct evidence from the complainant, it is permissible to draw an inferential deduction of culpability/guilt of a public servant based on other evidence adduced by the prosecution – Demand and acceptance must be proved either by di...
Service Law – Appointment – If it is found that there is no lapse/delay on the part of the applicant, he cannot be punished for no fault attributable to him – Respondents directed to appoint the appellants to the post of Health Worker (Female) within six weeks if found meritorious and meeting other eligibility criteria – Appellants entitled to benefits from the date of actu...
Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...
Service Law – Selection and Waiting List – Rule 15 of 1978 Rules – No vested right of the unsuccessful candidate to insist upon consideration in the absence of a rule requiring the preparation of a waiting list – The Supreme Court held that Rule 15 of the 1978 Rules, which provides for an extended list of candidates, does not confer any vested right to a waiting list &ndash...