Service Law – Compassionate Appointment – Fraudulent Claims – Respondent-employees were appointed on compassionate grounds in the Eastern Railway based on forged and fabricated documents – The Supreme Court upheld the dismissal from service, emphasizing that appointments obtained through fraud vitiate the proceedings and nullify any claims to protection under Article 311 of...
Service Law – Termination of Judicial Officer – Allegations of Illicit Relationship – Petitioner's service terminated based on allegations by another judicial officer's wife – No evidence supporting allegations – Held, termination based on unsubstantiated allegations is unjust – Petitioner's termination order quashed – Petitioner entitled to re...
Service Law - Leave Encashment to Dismissed Employee - Validity of Precedent - Leave encashment - Judgment in Dhir Chand case held per incuriam - Clarified that leave encashment benefits only available at retirement (superannuation or premature) - Dismissed employees not entitled to leave encashment - Writ petition dismissed.
Service Law - Government Instructions - Clarification...
Service Law - Extension in Service - Article 226 of the Constitution of India - Extension not a matter of right - The petitioner's post as Work Mistry declared surplus - Government's 2012 instructions restrict extension where no work exists - The government rightly denied the extension to avoid paying employees without assigning work - Petition dismissed. [Paras 6, 8, 9]
Polic...
Service Law - Interest on Delayed Gratuity - Rule 2.2 (c)(1), Rule 6.16 AA(9) of Punjab Civil Services Rules, 1970 - Employee entitled to death-cum-retirement gratuity upon the conclusion of departmental or judicial proceedings - Gratuity payable from the date of the final order concluding proceedings - Respondent entitled to interest from the date of acquittal till the actual disbursement of grat...
Service Law - Principles of Natural Justice - Rule 9 of Punjab State Electricity Board Employees Punishment and Appeal Regulations, 1971 - Imposition of Penalty Without Dissent or Further Inquiry - The petitioner, a Senior Executive Engineer, was exonerated by the Inquiry Officer, yet the punishing authority imposed a major penalty without recording any reasons or a dissenting note - Held, the act...
Administrative Law – Employment Termination – Challenge to cancellation of appointment – Petitioner appointed as Jeep Driver through Employment Exchange, later cancelled after 14 years of service due to alleged violation of communal reservation rules – Court finds cancellation unjustified, holding that petitioner was not at fault and appointment should not be nullified retr...
Service Law - Seniority - Inter-Charge Transfer - Constitution of India - Articles 14, 16 - CBDT Circular dated 14.05.1990 - Petitioners transferred on compassionate grounds claim seniority from the date of joining the parent region - Seniority determined region-wise, transfer on request results in placement at the bottom of seniority list in the new region - Petitioners' seniority correctly f...
Service Law - Suspension Period Benefits - Rule 7.3(2) of Punjab Civil Services Rules, 1970 - Employee acquitted of criminal charges to be treated as innocent and entitled to all benefits during suspension - Petitioner suspended due to criminal proceedings, remained suspended for seven years, and acquitted at trial - Entitled to full salary and consequential benefits for suspension period - Order ...
Pension Law - Withholding of Pension - Rule 2.2(a) of Punjab Civil Services Rules, 1970 - Withholding of 100% provisional pension due to grave misconduct - Held, more than one-third of the sanctioned pension cannot be withheld even upon conviction for a grave misconduct - Pensioner must be left with adequate amount for maintenance - Impugned order set aside and fresh order directed to be passed in...