Service Law – Departmental Actions – Multiple Writ Petitions – Petitioner ASI challenges multiple adverse departmental actions including stoppage of increments, adverse ACR entries, non-promotion, and compulsory retirement – Departmental inquiry exonerated petitioner of bribery charges, but punishing authority disagreed and imposed penalties – High Court finds procedu...
Employees’ State Insurance Act – Applicability – Definition of Shop – Appeal against the order quashing ESI demand – Respondent-company engaged in banking-like business, securing deposits and returning with interest on maturity – ESI authorities claimed coverage under definition of shop – High Court held that business of banking and insurance falls within ...
Disability Law – Job Reservation – Eligibility and Suitability – Appellants, who are differently-abled with 40% to 50% disability and possess National Trade Certificate in the trade of Lineman, were not recruited despite vacancies – Held, state did not provide factual basis for safety concerns – Authorities directed to reconsider claim and offer appointments – V...
Service Law – Disability – Compulsory Retirement – Petition challenging order retiring petitioner on medical grounds due to disability – Petitioner contracted ‘diffuse brain atrophy and parkinsonism’ while in service – High Court held that the petitioner should have been offered an alternative post per Section 47 of the Persons with Disabilities Act &ndash...
Service Law – Reinstatement and Back Wages – Full Exoneration – Petitioner, a Patwari, was dismissed from service following conviction under Section 7 of the Prevention of Corruption Act, 1988 – Acquitted on appeal and reinstated without salary for the period of dismissal – Held, under Rule 7.3(ii) of the Punjab Civil Service Rules, a fully exonerated employee upon re...
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 – 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 – Dismissal of Tehsildar – Proportionality of Punishment – Petitioner, a Tehsildar, dismissed for sanctioning mutation of provincial corpus land to a Church without corruption allegations – Disciplinary proceedings questioned for delay and lack of bribe or corrupt practice charges – Held, dismissal excessive, lacked evidence of financial loss to Government...
Labour Law – Recovery of Unpaid Wages – Persistent Litigation – Petitioners challenged recovery notices issued by Labour Commissioner, asserting they complied with the Labour Court’s award – Held, petitioners indulged in prolonged and unjustified litigation to avoid paying back wages – Labour Court’s award dated 4-12-2002 became final; petitioners’ a...