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...
Labour Law – Reinstatement vs. Compensation – Non-compliance with Section 25-F – Labour Court found termination invalid due to non-compliance with Section 25-F of the Industrial Disputes Act but denied reinstatement, awarding Rs. 1,20,000 as compensation – Held, compensation inadequate for 10 years of service – Following principles in similar cases, compensation incre...
Service Law - Ad hoc/Work-charged service - Seniority and financial benefits - Petitioners sought counting of ad hoc/work-charged service for seniority, additional increments, higher standard pay scales, and ACP scales - Held, ad hoc/work-charged service followed by regular service cannot be counted for purposes of seniority and financial benefits such as additional increments and higher standard ...
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 - Post-Retiral Dues - Interest on Delayed Payment Interest on Delayed Post-Retiral Dues – Petitioner claimed interest on delayed payment of retiral benefits – Held, delay caused due to petitioner’s failure to complete formalities – No intentional or willfuldelay by respondents – Petitioner not entitled to interest on delayed payments – Tribunal's...
Service Law - Suspension Period - Acquittal of Delinquent Officer - Rule 7.3(2) of Punjab State Electricity Board Main Service Regulations, 1975 - Treatment of Suspension Period Post Acquittal - The court held that an acquittal, whether on technical grounds or due to paucity of evidence, should be considered an honorable acquittal. The petitioner cannot be penalized by treating the suspension peri...
Employment Law - Prescribed Qualifications – Writ Petition – Employer's right to prescribe qualifications for a post – Applicants cannot claim the benefit of equivalent qualifications unless explicitly stated – Court not to sit in appeal over expert opinions on qualifications – Advertisement and statutory rules stipulate recognized qualifications – Petitione...
Service Law - Departmental Inquiry – Writ Petition – Termination Proposal – Inquiry conducted against Junior Assistant on charges of indiscipline and misconduct – Approval for termination declined by DPI due to lack of documentary evidence – Educational Tribunal upheld DPI’s decision – Held that mere absence of delinquent in inquiry does not imply admissio...