Re-Employment Archives

Retired Armed Forces personnel ex-serviceman status

Retired Armed Forces personnel cannot be denied ex-serviceman status when seeking re-employment after completing prescribed service; Delhi HC upholds CAT order

Since ESIC’s cancellation rested solely on a mistaken reading of ex-serviceman eligibility, the Court held the entire cancellation collapsed once that ground was found untenable.

Case Briefs High Courts

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs High Courts

Extension in service counts as qualifying service for pension, gratuity and increments; Himachal Pradesh HC imposes Rs. 10,000 cost on State

The State acts as a model employer that can’t discriminate among its employees and give a benefit that is conferred under the applicable rules/instructions to some, and deny the same to others.

Case Briefs High Courts

Classification of retirees of BSNL VRS-2019 as distinct from those superannuating in normal course is a clear violation of Article 14 and 16 of the Constitution: Delhi High Court

The Delhi High Court held that the engagement of BSNL VRS-2019 retirees in any Central Public Sector Enterprises/Government department on contractual/consultancy basis, for which the retired employees on superannuation in due course were eligible for consideration, was not in violation of Clause 8 (iii) of BSNL Voluntary Retirement Scheme-2019.

Case Briefs High Courts

Jhar HC | Illiterate person, unable to understand legal impediment cannot be denied claim solely on the ground of delay

Jharkhand High Court: Sanjay Kumar Dwivedi, J. contemplated the mercy petition filed by a petitioner who sought re-employment in a Coal Company.