Supreme Court

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.

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.

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...

Supreme Court Directs ₹1 Lakh Compensation For Daily-Wage Workers In 25-Year-Old Bihar Workmen Dues Case
The Supreme Court on Monday (September 28) has directed the States of Bihar and Jharkhand to pay a one-time sum of ₹1 lakh to each concerned daily-wage employee/workman of five defunct State-owned corporations, while ordering 12% simple interest per annum on delayed EPF dues and 6% interest on delayed salary/wages and other monetary dues. “…we deem it appropriate to direct the States...

Senior Officer Cannot Be Paid Less Than Junior Holding Same Post : Supreme Court
The Supreme Court has held that a senior employee holding the same post cannot be paid less than a junior unless the disparity is supported by valid and demonstrable factors. “It is fundamental that a senior officer cannot be paid less than a junior officer holding the same post...A junior receiving a higher pay compared to the pay of the senior has to be justified with reference to...

Principal Employer Not Liable To Pay Gratuity To Contractual Workmen; Controlling Authority Can't Decide Who Must Pay : Supreme Court
The Supreme Court has held that a principal employer cannot be held liable to pay gratuity to workers engaged through a contractor when there is no employer-employee relationship between the principal employer and such contractual workmen.The Court set aside a Bombay High Court order holding Oil and Natural Gas Corporation Ltd. (ONGC) liable to pay gratuity to workers engaged through...

No Vested Right To Claim Promotion Under Repealed Rules : Supreme Court
The Supreme Court on Thursday (September 17) reiterated that a promotional post arising under the applicable Rules need not necessarily be filled under those Rules, particularly where they have since been repealed. The Court held that such promotional posts can be filled up under the new Rules, which prescribe new methods of recruitment. “The employee does not acquire any vested right...

'Equal Pay For Equal Work' Doctrine Cannot Be Mechanically Applied, Experience Can Justify Pay Difference: Supreme Court
The Supreme Court has recently held that the doctrine of 'equal pay for equal work' cannot be mechanically applied merely on the ground that two categories of employees perform functionally similar duties, and that a difference in experience between directly recruited and promoted employees can constitute a valid basis for a difference in pay scales. A bench of Justice Dipankar Datta and...

Appointment To Public Post Contrary To Recruitment Advertisement Amounts To Fraud On Public: Supreme Court
The Supreme Court has held that an appointment to a public post made in disregard of the qualifications prescribed in the recruitment advertisement amounts to a fraud on the public, while upholding the cancellation of an Anganwadi Supervisor's appointment in Maharashtra.A bench comprising Justice Dipankar Datta and Justice Sheel Nagu dismissed an appeal filed by Sunita Lahu Panchpande, who...

Courts Must Presume Correctness Of Answer Key, Interfere Only If Mistake Is 'Glaring And Apparent': Supreme Court
The Supreme Court has recently ruled that a challenge to the correctness of an answer key selected by an examining body can be entertained only where the error is so glaring and apparent that it can be detected without any resort to any interferential reasoning. It set aside an Allahabad High Court order that had awarded a disputed mark to a candidate in a Village Development Officer...
