Service Law – Selection Process – Essential Qualifications – Petition against Tribunal's order setting aside selection of petitioner for Tutor (Bio-Informatics) – Petitioner selected despite not meeting essential qualifications as per advertisement – Tribunal found petitioner did not have required qualifications and set aside selection – High Court held PGIM...
Financial Upgradation – ACP and MACP Schemes – Entitlement of Respondent – Challenge to orders directing financial benefits under ACP and MACP schemes to the respondent Ved Prakash on parity with junior colleague Raj Pal – High Court quashes Tribunal orders granting benefits, citing Supreme Court’s non-precedent setting dismissal of Raj Pal’s case – Direct...
Service Law – Appointment – Acquittal from Criminal Charges – Petition challenging rejection of appointment to the post of Constable on grounds of past criminal charges – Petitioner acquitted for lack of evidence – Instructions dated 2.7.2007 and 13.11.2007 issued by DGP provide that candidates acquitted on technical grounds may not be considered for appointment &ndas...
Service Law – Selection and Appointment – False Certificates – Petitioners challenged the selection of respondents No. 4 to 6 for the post of Family Welfare Extension Educator on grounds of ineligibility due to lack of required experience – Respondents produced fake experience certificates at the time of application – Evidence showed that one respondent claimed to wor...
Service Law – Disability During Service – Non-Discrimination – Petitioner's husband, a Library Attendant, suffered an attack and remained in a coma, later granted premature retirement and family pension under Rule 5.11 of the Punjab Civil Services Rules – Petitioner argued services could not be dispensed with under Section 47 of the Disabilities Act – Respondent c...
Service Law – Promotion – Scheduled Caste Quota – Petitioners, SC constables, were promoted as Head Constables in 1990 from List C-I due to backlog of SC candidates – In 1998, show cause notices alleged promotion in excess of quota and proposed reversion – Petitioners’ promotions to ASI and SI entangled – Held, promotions were valid from List C-I to fill S...
Service Law – Stepping Up of Pay – Applicability of Rule 21 of 2002 Pay Rules – Appellants, senior to certain Assistant Professors (1984-95 Group), sought stepping up of their pay to match the pay granted to these juniors under the Career Advancement Scheme, which included ad hoc service. Supreme Court held that Rule 21 of the 2002 Pay Rules was inapplicable as the alleged pay an...
Employees’ Compensation – Penalty and Interest – Pay and Recover – Truck driver employed by respondent No. 4 died in an accident – Insurance policy held by appellant covered legal liability – Commissioner awarded compensation, interest, and 25% penalty against insurance company – Appellant contended penalty liability rests with employer – Held, emplo...
Employees’ Compensation – Pay and Recover Principle – Breach of Policy Terms – Various insurance companies appealed against orders by Commissioners under the Employees’ Compensation Act awarding compensation to claimants despite breaches of policy terms by employers – Held, insurance companies not liable under breached policies must pay claimants first and then ...
Service Law – Recruitment – Denial of Appointment on Criminal Grounds – Petitioner's selection for post of Constable was withheld due to his name being mentioned in a criminal case – Investigation revealed no involvement of petitioner, declaring him innocent – State contended petitioner could still be summoned under Section 319 Cr.P.C. – Held, mere possibili...