Service Law - Disciplinary Proceedings Post-Superannuation – Jurisdictional Limitations – Proceedings Declared Void – Disciplinary proceedings initiated against the respondent after the expiration of his extended service period on 01.10.2010 were held void-ab-initio – Court emphasized that initiation of proceedings post-superannuation lacks jurisdiction under Rule 19(3) of ...
Service Law - Jurisdiction of Summary Security Force Court (SSFC) – Section 46 of BSF Act – Trial of Civil Offences – Nullity of Proceedings – The Summary Security Force Court convicted and punished the petitioners for remitting bank drafts disproportionate to their known sources of income under Section 46 of the BSF Act read with Section 13(e) of the Prevention of Corrupti...
Service Law – Disciplinary Proceedings – Violation of Rule 7(3) – Inquiry Invalidated – Relief Granted - Appellant faced disciplinary proceedings resulting in major penalties, including censure entry and withholding of increments with cumulative effect. Tribunal quashed the penalty order, finding the inquiry officer failed to record oral evidence, violating Rule 7(3) of the...
Employment Law – Submission of Qualification Proof – Subsequent Submission Permissible – Petitioner’s candidature for Anganwadi Assistant was rejected due to the absence of her Class Vth mark sheet with the initial application – Court held that the mark sheet submitted during objections to the provisional merit list should have been considered as per precedents &ndash...
Service Law – Proficiency Step-up Scheme – Differential Treatment – Relief Granted – Appellants sought benefits under the Proficiency Step-up Scheme, 1988, counting service in the work-charged establishment before regularisation – High Court upheld denial of benefits by the Single Judge, equating the Proficiency Step-up Scheme, 1988, with the Assured Career Progressio...
Contractual Service – Annual Increment Entitlement – Appeal Allowed – The appellant and connected petitioners challenged the denial of annual increments for their contractual service despite its recognition for pension purposes under prior judicial decisions – Held: Contractual service shall also be counted for granting annual increments, in alignment with the principles in...
Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Cour...
Compassionate Appointment – Rejection on Grounds of Delay – Appeal Dismissed – Opportunity Granted for Ex-Gratia Compensation [Paras 1–26].
Compassionate Appointment – Claim by Minor Dependent – Delay Beyond Policy Period – Appellant’s father, a Haryana Police constable, died on duty in 1997 – Minor dependent’s claim recorded in Minor&rs...
Service Law - Promotion – Sealed Cover Procedure – Review Departmental Promotion Committee (DPC) – Petitioner contended that his promotion was denied due to sealed cover procedure despite being clear from disciplinary proceedings on the initial DPC date – Held: Adoption of sealed cover when juniors were promoted, absent pending disciplinary proceedings on the original DPC d...
Service Law – Reduction of Pay Scale and Recovery of Excess Payment – Petitioner retired as Senior Manager, sought quashment of post-retirement order reducing pay scale and directing recovery – High Court emphasized principle of natural justice, holding reduction without notice invalid – Relied on Supreme Court precedent protecting retirees from undue recovery – Order...