Labour & Service
State Cannot Deny Work-Charged Benefits To Eligible Worker On Ground Of Cadre Abolition: HP High Court
The Himachal Pradesh High Court held that abolition of the work-charged establishment in 2005 could not nullify a right that had already accrued in favour of the employee in 2003. Justice Ranjan Sharma remarked that: “Once a right for work charge status had accrued to the petitioner on completion of 8 years of continuous service w.e.f. 01.01.2003… the abolition of work charge establishment...
Employee Who Forgoes Earlier Promotion Can't Claim Reconsideration Within One Year: HP High Court
The Himachal Pradesh High Court dismissed a writ petition filed by Indu Sharma, a retired Junior Assistant, challenging the placement and promotion of her juniors to the post of Senior Assistant in the Department of Language and Culture.Justice Ranjan Sharma remarked that: “If an employee was promoted to a higher post and such an employee refuse or foregoes his promotion then, the said...
Sweeping Allegations On 'Bad Reputation' Without Service Record Cannot Sustain Premature Retirement Order: J&K&L High Court
The Jammu & Kashmir High Court held that a government servant cannot be prematurely retired merely on the basis of vague and unsubstantiated allegations regarding his “bad reputation,” especially when such observations are not supported by any cogent material from the service record. The Division Bench of Sanjeev Kumar, Justice Sanjay Parihar upheld the writ court's decision quashing...
Inclusion In Waiting List Doesn't Create Indefeasible Right To Appointment: Allahabad High Court
The Allahabad High Court has recently reiterated that a wait list candidate has no absolute right for being considered for appointment and wait list cannot be for an indefinite period. Justice Saurabh Shyam Shamshery held,“It is well settled that a person in waiting list has no absolute right for consideration to get appointed as well as that a waiting list cannot remain in existence...
Mere Incarceration In Criminal Case Without Conviction Can't Be Ground To Remove CISF Personnel From Service: Allahabad High Court
A division bench of the Allahabad High Court recently upheld the Single Judge order quashing termination order of a CISF Head Constable who was accused of murder and was incarcerated for a small period on grounds that disciplinary proceedings could not be initiated merely on grounds of his incarceration.The bench of Justice Rajan Roy and Justice Rajeev Bharti held,“we are of the opinion...
Discharge During Probation Not Punitive Merely Due To Pending Criminal Case: Himachal Pradesh High Court Dismisses Peon's Plea
The Himachal Pradesh High Court dismissed a writ petition filed by Faqeer Chand, who challenged his discharge from service during the period of probation while working as a Peon in the establishment of the High Court.The Court held that the impugned order was a discharge, passed in accordance with the terms of appointment and service rules, and did not amount to a punitive or...
Review Power Not Inherent; Authority Becomes Functus Officio Once Final Order Passed: Patna HC Reinstates Panchayat Teachers After 10 Years
The Patna High Court recently set aside the orders of the state-level tribunals and reinstated two women Panchayat teachers in Buxar after nearly a decade-long legal battle. In doing so, the Court reiterated that the power of review is not an inherent attribute of a judicial or quasi-judicial authority and must flow from a specific statutory conferment.A Single Judge Bench comprising Justice...
Participation In Strike Alone Cannot Justify Termination Without Enquiry: Patna High Court
The Patna High Court held that participation in a strike, by itself, cannot automatically justify termination of service, particularly in the absence of any finding of illegality of the strike or misconduct attributable to the employee. The Court further held that treating absence during a strike as misconduct or abandonment of service requires adherence to due process, including issuance of...
'Denial Of Permanency To HIV Positive Employee Violates Articles 14 & 16 Of Constitution': Bombay High Court
The Bombay High Court has held that denial of permanency to a workman solely on the ground that he is HIV positive is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The Court observed that when a workman continues to discharge the same duties as his co-workers without any impediment, his HIV status cannot be used as a ground to deny him the benefit...
Labour & Service Law Annual Digest 2025
Allahabad High Court Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment Case Title: Vikrant Sengar v. State Of U.P. And 3 Others [WRIT - A No. - 17732 of 2022] The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full...
