Gender cannot be a ground to deny promotion where Recruitment Rules make no distinction: Tripura HC
The Tripura High Court quashed the Inspector General of Prisons’ communication and directed reconsideration within three months.
Service Jurisprudence
No Error in Anjuman Ishaat-e-Taleem Trust Verdict: SC Upholds TET Requirement for In-Service Teachers; Extends Compliance Deadline to 31 August 2028
“The RTE Act is a child centric legislation and must be read so. Service of teachers cannot come at the cost of educational future of the children.”
No retrospective benefit of enhanced retirement age for CAPF retirees above 60 on 31 January 2019: Delhi High Court
It is a settled principle of service law that payment of salary and attendant monetary benefits is ordinarily premised upon actual discharge of duties.
Resignation on medical grounds entails forfeiture of service: Madras HC clarifies distinction between resignation and voluntary retirement
“The resignation of an employee entails forfeiture of service, and a clear distinction can be drawn between resignation and voluntary retirement, as both are disparate in terms of their operation and consequence, and therefore unlikely to hold an equivalent character.”
Medical Board’s bald plea of “lifestyle disorder” insufficient to deny disability pension: Delhi High Court
“A mere statement that the disease of a lifestyle disorder cannot be a sufficient reason to deny the grant of Disability Pension unless the Medical Board has duly examined and recorded the particulars relevant to the individual concerned.”
Bhagavad Gita reminds to serve social stability & common good, not administrative convenience: P&H High Court directs long due regularisation of daily wagers
“Regularisation cannot be claimed as a matter of right where the initial entry is illegal or plainly unconstitutional but where the engagement is long, continuous, against sanctioned vacant posts of duly qualified persons, the State is under a constitutional duty to undertake fair consideration and to complete the one-time regularisation exercise.”
Punjab and Haryana HC sets aside compulsory retirement of 58-year-old District Judge; Criticizes Administrative Judge’s adverse remarks on integrity
“It is difficult to comprehend that an officer who had no adverse remarks in his entire career spanning 30 years, behaved and conducted himself in such a manner, compelling the Administrative Judge to categorize the District and Sessions Judge from ‘Very Good’ in 2009-10, down to ‘C’ (doubtful integrity) in 2010-2011.”
“Deemed confirmation concept has long been discarded”: Punjab and Haryana HC rejects plea of Civil Judge, dismissed after probation due to ‘doubtful integrity’
‘Deemed confirmation is a perilous concept in service jurisprudence which has long been discarded since it erodes the power of the employer to assess work, conduct, and behaviour of the probationer.’