Supreme Court Requests Allahabad High Court Chief Justice To Examine Giving Priority To Pension Cases

The Supreme Court has requested the Chief Justice of the Allahabad High Court to examine whether matters relating to non-release of pension cases can be given prioritised hearing and early disposal, noting that the petitioner's writ petition has not been listed before the High Court for nearly two years, despite his application for early hearing. A bench of Justice KV Viswanathan and Justice Arun Palli was hearing a Special Leave Petition (SLP) filed by a retired peon who had not received his...

Supreme Court Rebukes UP Govt For Not Paying Pension To Retired Peon For 10 Years, Calls For Chief Secretary's Report

“Grave injustice has been done to the petitioner," the Court observed.

Pan-India Recruitment: Rajasthan High Court Says It Has Territorial Jurisdiction As Substantive Stages Were Conducted In State

The Rajasthan High Court has held that it has the territorial jurisdiction in matters relating to a recruitment process which was initiated for positions across India, and was conducted in various stages across the country, if substantive stages were also conducted in Rajasthan. The division bench of Chief Justice Sanjay K. Agarwal and Justice Inderjeet Singh further opined that apart from...

Special TET For In-Service Teachers Doesn't Confer Preference In Future Recruitment, Doesn't Violate Articles 14, 16: Allahabad High Court

The Allahabad High Court has held that the decision of the State of Uttar Pradesh to conduct a Special Teacher Eligibility Test (TET) for in-service teachers does not violate Articles 14 and 16 of the Constitution of India. The Court held that the special examination only enables such teachers to acquire the qualification which the Supreme Court has declared mandatory for them, and confers...

Marks In Exam Cannot Cure Lack Of Essential Qualification Under Recruitment Rules: Supreme Court

Comparative merit can be considered only amongst candidates who satisfy the prescribed eligibility conditions.

'Mere Absence Not Always Willful': Patna High Court Quashes SBI Employee's Deemed Voluntary Resignation Over Medical Leave

The Patna High Court has held that mere absence from duty cannot, by itself, lead to a conclusion that an employee was wilfully or unauthorisedly absent, particularly where the absence is supported by medical records.A Single Judge Bench of Justice Harish Kumar was hearing a petition filed by an SBI officer challenging notices whereby he was treated as having voluntarily vacated his service...

Original Status As Daily Wager Cannot Be Ground To Deny Annual Increment After Regularisation : Supreme Court

The Supreme Court on Tuesday (October 6) has held that daily-wage skilled workers who were treated as permanent employees under a government resolution and granted regular pay scales and retirement benefits cannot be denied the annual increment falling due after their retirement merely because they were originally engaged as daily wagers. Setting aside the Gujarat High Court's division...

Excess Salary Paid By Mistake Can Be Recovered From Employees Who Gave Undertaking: Supreme Court Dismisses Teachers' Plea

The Supreme Court has recently upheld the recovery of Academic Grade Pay benefits that were given by mistake to the teachers of the National Institute of Technology (NIT), Calicut, holding that the recovery was valid because the teachers had given written undertakings to refund excess payments.A bench of Justice Dipankar Datta and Justice Sheel Nagu ruled so while dismissing the appeals...

Motor Accident Compensation Can't Be Based Solely On Basic Salary; Employment-Related Allowances Must Be Included: Rajasthan High Court

The Rajasthan High Court has held that employment-related allowances forming part of a deceased employee's regular earnings must be taken into account while assessing his income for computation of motor accident compensation, and cannot be excluded merely because they are described as allowances.The bench of Justice Sanjeet Purohit observed that the assessment of income cannot be confined to...

Delay In Deciding Govt Servant's Plea Against Deemed Suspension After Release From Custody Indicates 'Malice In Law': Allahabad High Court

The Allahabad High Court has held that Rule 4(3)(b) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 casts a mandatory obligation on the competent authority to take an express and conscious decision on the representation made by a Government servant against his deemed suspension after his release from custody. It held that deemed suspension does not lapse on its own...

Enhanced Gratuity For Consumer Federation Employees Operates Only From Statutory Amendment Date: HP High Court

The Himachal Pradesh High Court has held that employees of the Himachal Pradesh State Co-operative Marketing and Consumers Federation Limited (HIMFED) who retired before March 29, 2018 are not entitled to the enhanced gratuity ceiling of ₹20 lakh. The Court observed that since the Payment of Gratuity Act, 1972 was amended with effect from March 29, 2018, employees who had superannuated...

Advocates Not Responsible For Petitioner's Whereabouts After Filing, But Must Verify Genuineness While Accepting Vakalatnama: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that advocates cannot be held responsible for the physical whereabouts of a writ petitioner after filing, however, they must exercise care while accepting Vakalatnama and satisfy themselves about the genuineness of the litigant. Background Facts The appellants...