Employment Law – Termination due to Concealment of Criminal Case – Appellant challenged the termination of his services by the District Judge, Etah, following police verification revealing a pending criminal case – High Court emphasized the necessity for candidates to disclose pending criminal proceedings honestly – Held that concealment of material facts in an affidavit at...
Contractual Employment – Non-renewal and Regularization – Petitioners were appointed on a contractual basis with renewals over approximately ten years – Challenge against the decision not to extend their contracts further – Held, petitioners have no right to seek continuation or regularization in absence of a legal or statutory right – Court emphasized the respondents...
Labour Law – Accident Compensation Employer-Employee Relationship – Determination by Commissioner – The Court upheld the finding of the Employees' Compensation Commissioner regarding the existence of an employer-employee relationship between the deceased and the first opposite party. Evidence such as receipts, accommodation bills, and cheques provided sufficient basis for thi...
Appointment of Non-Teaching Staff – Requirement of Prior Approval – Appellant challenged the decision of the Single Judge which quashed the orders of the DIOS disapproving the appointment of the respondent as an Assistant Clerk – Argument that minority institutions are exempt from seeking prior approval as per Regulation 101 of the Act – Single Judge held Regulation 101 ina...
Service Law - Employment Eligibility – Acquittal and Criminal Record – Rejection of Candidature Overturned - Petitioner’s application for Constable post was rejected citing pending criminal proceedings under Sections 323 and 143 IPC – Petitioner was acquitted before document verification, and the Court held that mere involvement in criminal proceedings without a conviction ...
Service Law – Financial and Pensionary Benefits – Work Charge Employee – Entitlement to Pension and ACP – Petitioner sought financial and pensionary benefits, claiming that her deceased husband’s services should be regularized from 2003, making her eligible for benefits like ACP, medical allowance, leave encashment, LTC, etc. – The Court held that as a work char...
Service Law – Seniority List – Promotion – Writ petition challenging the revised seniority list dated 14.3.2022, which placed the petitioner at a lower rank and affected his promotion prospects – Petitioner contended that his service should be reckoned from his date of regularization in 1998, not from his initial appointment in 1997, which was on a consolidated pay during t...
Service Law – Back Wages – Reinstatement Following Illegal Termination – Petitioner, a Lecturer, was terminated illegally and reinstated after 10 years without back wages – Held, reinstatement does not automatically entitle one to back wages; requires proving non-gainful employment during the period – Fault lies with the employer (governing body) for non-compliance &n...
Service Law – Deployment Order – Validity Upheld – Petition challenged a deployment order transferring the petitioner to the Belagavi Bench, contending lack of jurisdiction by the Chairman of the Tribunal – Court held that Section 13(1A) of the Administrative Tribunals Act grants wide superintendence powers to the Chairman, including issuing deployment orders – Deploy...
Service Regularization – Delay in Decision on Representations – State Obliged to Act Expeditiously - Petitioners sought regularization of services and parity with employees already regularized under the same requisition – Grievance arose due to the State’s failure to decide representations for months – Held: A welfare State is expected to act promptly in addressing em...