Labour & Service
Retired Armed Forces Personnel Applying For Re-employment After Completing Qualifying Service Entitled To Ex-Serviceman Status : Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Vinod Kumar held that a retired Armed Forces personnel who applies for re-employment after completing the prescribed qualifying service is entitled to ex-serviceman status, and eligibility cannot be denied by supplementing fresh reasons later. Background Facts The respondent was a medical officer who had worked with the Indian Air Force. He superannuated on 30 June 2019. Before superannuation, he...
Retired Judges Appointed In Central Industrial Tribunals Can't Claim Pay Parity With Other Tribunal Members : Supreme Court
The Supreme Court on Wednesday (August 12) dismissed a writ petition filed by ex-judicial officers, who were re-employed as Presiding Officers of Central Government Industrial Tribunals-cum-Labour Courts, seeking pay scales equivalent to those granted to other National Tribunals under the 6th Pay Commission recommendations. A bench of Justice SVN Bhatti and Justice NV Anjaria justified the differential pay scales to the petitioners equivalent to that of officers in the District Judiciary as per...
No Disciplinary Proceedings To Terminate Aided School Teacher Who 'Abandoned' Service To Continue Foreign Job: Kerala High Court
The Kerala High Court recently clarified that there is no need for disciplinary proceedings to terminate an aided school teacher, who refused to rejoin service even after the expiry of sanctioned leave in order to continue foreign employment. [2026 LiveLaw (Ker) 443]Justice Harisankar V. Menon observed that disciplinary proceedings are not required in such cases since refusal to rejoin...
Teacher-Student Ratio Norms Under RTE Act Can't Be Invoked To Challenge Teachers' Transfer Policy: Allahabad High Court
The Allahabad High Court has held that teachers have no inherent right of transfer under any statute, and that such rights as they have in the matter arise only from the transfer policy itself.It held that a district-wise Pupil-Teacher-Ratio (PTR) list prepared by the State only to work its policy for inter-district transfer of basic school teachers has nothing to do with the mandate of The...
Enquiry Necessary To Dismiss Employee For Suppression Of Criminal Antecedents : Supreme Court
The Supreme Court on Tuesday (August 11) observed that the disclosure of criminal antecedents by an employee after joining service would not automatically result in dismissal. The Court held that before passing a termination order, the employer must conduct an enquiry to determine whether the suppression of criminal antecedents was deliberate and must record a finding that the continuation of...
Disability Reservation Can't Be Claimed For Engagement As Govt Lawyer: Madras High Court
The Madras High Court has held that the reservation for persons with benchmark disabilities in Government establishment under Section 34 Rights of Persons with Disabilities Act does not extend to engagement of Government lawyers as such engagement is contractual and cannot be equated with appointment to Government service. [2026 LiveLaw (Mad) 378]The Division Bench of Justice SM Subramaniam...
UP Govt Can't Cancel Teacher's Appointment After 29 Years Over Lack Of Qualification In Absence Of Fraud: Allahabad High Court
Allowing the appeal of a teacher whose qualification was questioned after 29 years of continuous service, the Allahabad High Court has held that the power to cancel an appointment under Section 16-E(10) of the Intermediate Education Act cannot be exercised at a belated stage. The Court held that it was bound by the full bench decision of the High Court in Dr. Asha Saxena vs. Smt. S. K....
Salary Can't Be Denied On Objections To Compassionate Appointment So Long As Approval Order Subsists: Allahabad High Court
The Allahabad High Court has held that where an order approving a compassionate appointment has never been withdrawn, recalled or annulled by a competent authority, the salary flowing from that appointment cannot be denied. It held that an administrative order which continues to operate in law cannot be defeated indirectly by refusing the benefits which follow from it.Justice Manju Rani...
Excess Salary Paid Due To Wrong Pay Fixation Can't Be Recovered From Class-III & IV Employees Despite Undertaking: Chhattisgarh High Court
The Chhattisgarh High Court has held that recovery of excess payment from Class-III and Class-IV employees is impermissible in law even if such employees have submitted an undertaking or consent letter agreeing to the recovery. The Court observed that the petitioner's contention that he had submitted the consent letter and deposited the amount under pressure and threat that his retiral dues...
Right Of Consideration For Regularization Doesn't Perish With Employee's Death, Survives Through Legal Heirs: Allahabad High Court
The Allahabad High Court has held that the right of consideration for regularization does not come to an end with the death of the employee and survives through his legal representatives, where the regularization exercise had been set in motion in his lifetime. It held that such consideration must be undertaken, if necessary notionally, so that the consequential service benefits reach the...
Grant Reservation To Military Cadets Disabled 40% Or More During Training Under Ex-Military Personnel Quota : Supreme Court To States/UTs
To strengthen the welfare and rehabilitation of cadets discharged from military training due to disabilities, the Supreme Court has directed States and Union Territories to consider granting reservation to such “out-boarded” cadets with 40% or more disability under the Ex-Military Personnel (Ex-MP) quota, while affirming their entitlement to reservation benefits under Section 34 of the...