Labour & Service
EPF Wage Ceiling Limit Revision Requires Active Consideration : Supreme Court Asks Union To Decide In 4 Months
Dealing with a public interest litigation, the Supreme Court recently allowed a litigant to approach the Union government with a representation for revision of wage ceiling limit under the Employees Provident Fund scheme.A bench of Justices JK Maheshwari and Atul S Chadurkar heard the matter and ordered that the respondent-government(s) take a decision within 4 months. The petitioner can file...
Exoneration In Disciplinary Proceedings Doesn't Bar Criminal Prosecution On Same Charge In All Situations : Supreme Court
The Supreme Court has held that exoneration of a public servant in departmental disciplinary proceedings does not automatically warrant quashing of a criminal prosecution, particularly in corruption cases arising from trap proceedings, reiterating that the two processes operate independently and on different standards of proof.A Bench comprising Justice Ahsanuddin Amanullah and Justice K...
'Rules Of Game Can't Be Changed Midway' : Supreme Court Sets Aside Midway Criteria Change In BPSC Asst. Engineer Recruitment
Reaffirming that the “rules of the game cannot be changed midway”, the Supreme Court on Tuesday (January 6) set aside the Patna High Court's decision which had upheld the State Government's mid-process amendment of recruitment rules, a move that adversely affected candidates who had qualified under the written examination. A bench of Justices JK Maheshwari and Vijay Bishnoi allowed the...
Public Sector Enterprise Can't Initiate Disciplinary Action Against Retired Employee If Rules Don't Expressly Enable It : Supreme Court
The Supreme Court on Tuesday (January 6) ruled that a public-sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement in the absence of an express enabling provision in its service regulations. A bench of Justices JK Maheshwari and Vijay Bishnoi quashed the post-retirement disciplinary action taken against a former employee of the...
Ad-Hoc Promotion Beyond Prescribed Quota Confers No Right To Seniority Or Service Benefits: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition, holding that when ad-hoc promotion is clearly beyond the 15% quota and therefore not in accordance with the Recruitment and Promotion Rules no consequential service benefits can be given. Justice Ranjan Sharma remarked that: “Once the adhoc promotion given to the petitioner was beyond or in excess of 15% quota… therefore, the...
Postal Dept Cannot Deny Pension To Temporary Employee After Decades Of Service For Want Of Formal Regularisation: HP High Court
The Himachal Pradesh High Court held that a temporary employee of the Postal Department, who had rendered more than two decades of continuous service after the grant of temporary status, could not be denied pensionary benefits merely because a formal order of regularisation was not issued before his retirement. The Court remarked that Union of India could not take advantage of their own...
State Employees' Absorption Policy Must Be Applied Uniformly; Denial After Eligibility Is Arbitrary: Himachal Pradesh High Court
The Himachal Pradesh High Court allowed held that once the petitioner acquires the requisite qualification and the policy continued to operate, absorbtion cannot be denied.Justice Sandeep Sharma remarked that:“Once it is not in dispute that communication dated 06.03.2017 has not been withdrawn till date and pursuant to afore communication, number of similarly situate persons have been...
Caste Certificate Of Woman Candidate Recommended As Tax Officer Under ST Category Validated After Gujarat High Court's Intervention
The caste certificate of a meritorious woman candidate who was denied appointment as State Tax Officer under Scheduled Tribe (Female) category despite selection and recommendation by state public service commission, was validated by the scrutiny committee after intervention by the Gujarat High Court. The petitioner had approached the High Court claiming her ST status for the appointment to...
Deputation Does Not Bar Claim For Equivalent Designation Based On Experience: J&K&L High Court
The Jammu & Kashmir High Court held that experience gained in the parent department cannot be excluded while determining equivalent designation in the borrowing organisation.A bench of Justice Javed Iqbal Wani said that the stand that a deputationist cannot seek equivalent designation in the borrowing department is misconceived, palpably erroneous, unfair, unreasonable, and...
Supreme Court Annual Digest 2025- Service Law
Alteration of Selection Criteria - Weightage of Qualifications - Jammu and Kashmir Services Selection Board (Board) - Recruitment of Foresters - Academic Qualification for Forester - Held that the minimum academic qualification for the post of Forester was or equivalent with Science - Stress was primarily on physical attributes and viva voce, not solely academic criteria - The...