September 2017

Voluntary Retirement Scheme–Pension -Employees who apply for voluntary retirement after serving a minimum period of 15 years under a special/adhoc scheme formulated with the specific approval of the Government and the Board of Directors, will be eligible for pro-rata pension for the period of service rendered as if they are to retire on attaining the age of superannuation on that date.

By | September 21st, 2017|Service Cases|

Comments Off on Voluntary Retirement Scheme–Pension -Employees who apply for voluntary retirement after serving a minimum period of 15 years under a special/adhoc scheme formulated with the specific approval of the Government and the Board of Directors, will be eligible for pro-rata pension for the period of service rendered as if they are to retire on attaining the age of superannuation on that date.

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

By | September 15th, 2017|Service Cases|

Comments Off on Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Dearness Allowance–Directly recruited co-ordinators held entitled to the same benefits as given to co-ordinators appointed on deputation.

By | September 10th, 2017|Service Cases|

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August 2017

Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

By | August 9th, 2017|Service Cases|

Comments Off on Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

Service Law—Physically Handicapped—A person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending the relaxation and concessions.

By | August 9th, 2017|Service Cases|

Comments Off on Service Law—Physically Handicapped—A person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending the relaxation and concessions.

July 2017

Service Law—Medical Reimbursement—Case of emergency—The emergency point of view is not be taken from the angle of the doctor, but the same should be considered from the point of view of common man or a patient

By | July 28th, 2017|Service Cases|

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Once an employee on his retirement gets pension on account of service of the Government, he is at the same footing as an employee retired from the service of the Government qua his service is rendered with the Government

By | July 27th, 2017|Service Cases|

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June 2017

Contract Act, 1872, S.72–Indemnity Bond-Employment Bond-Employer cannot in an arbitrary manner, hold back the NOCs and not permit the employees to carry on further with their careers on the ground that they are to recover the amount.

By | June 24th, 2017|Service Cases|

Comments Off on Contract Act, 1872, S.72–Indemnity Bond-Employment Bond-Employer cannot in an arbitrary manner, hold back the NOCs and not permit the employees to carry on further with their careers on the ground that they are to recover the amount.

Temporary Servant– If a temporary Railway servant has put in 10 years of service at the time of his retirement or at the time when he dies in harness, he is entitled to pension or on his death, his family is entitled to family pension

By | June 24th, 2017|Service Cases|

Comments Off on Temporary Servant– If a temporary Railway servant has put in 10 years of service at the time of his retirement or at the time when he dies in harness, he is entitled to pension or on his death, his family is entitled to family pension

Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996, R.2(h)(i)–Petitioner was not working on regular basis in an eligible office at Panchkula as he was substantively posted as Registering Officer, Department of Archaeology & Museums, Haryana, Hisar,

By | June 24th, 2017|Service Cases|

Comments Off on Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996, R.2(h)(i)–Petitioner was not working on regular basis in an eligible office at Panchkula as he was substantively posted as Registering Officer, Department of Archaeology & Museums, Haryana, Hisar,

Payment of Gratuity Act, 1972—interest on Payment—The act of withholding the gratuity is a culpable wrong committed on the petitioner withholding gratuity without an order in writing and for too long-Interest is directed to accrue @ 18% per annum

By | June 24th, 2017|Service Cases|

Comments Off on Payment of Gratuity Act, 1972—interest on Payment—The act of withholding the gratuity is a culpable wrong committed on the petitioner withholding gratuity without an order in writing and for too long-Interest is directed to accrue @ 18% per annum

Punjab University Act, 1947, S.20–Review of Order—Approval of the recommendations made by the Selection Committee is not a quasi-judicial function, rather is purely an administrative exercise and any mistake/error having crept in can always be rectified as no power of ‘review’ is required to be expressly vested for rectification of an administrative error

By | June 21st, 2017|Service Cases|

Comments Off on Punjab University Act, 1947, S.20–Review of Order—Approval of the recommendations made by the Selection Committee is not a quasi-judicial function, rather is purely an administrative exercise and any mistake/error having crept in can always be rectified as no power of ‘review’ is required to be expressly vested for rectification of an administrative error

Service Law—Annual Confidential Report—ACR of an officer forms a part of his service record and he cannot be prejudiced merely because his superior officers delayed writing it.

By | June 11th, 2017|Service Cases|

Comments Off on Service Law—Annual Confidential Report—ACR of an officer forms a part of his service record and he cannot be prejudiced merely because his superior officers delayed writing it.

April 2017

Service Law-Medical Reimbursement-Additional amount paid to approved private hospital for installation of the allegedly better quality stents and pacemaker during heart surgery on recommendation of Doctor-Employee is entitled for reimbursement of such an additional amount spent.

By | April 29th, 2017|Service Cases|

Comments Off on Service Law-Medical Reimbursement-Additional amount paid to approved private hospital for installation of the allegedly better quality stents and pacemaker during heart surgery on recommendation of Doctor-Employee is entitled for reimbursement of such an additional amount spent.

Service Law-Misconduct-Complusory Retirement-Bank official issued no due certificate to borrower in the name of Manager for which he was not authorized- Said official also received money from borrower and did not deposited the same in his account-Punishment of compulsory retirement held to be proportionate and justified.

By | April 29th, 2017|Service Cases|

Comments Off on Service Law-Misconduct-Complusory Retirement-Bank official issued no due certificate to borrower in the name of Manager for which he was not authorized- Said official also received money from borrower and did not deposited the same in his account-Punishment of compulsory retirement held to be proportionate and justified.

Service Law—Equal Opportunities—If a reserved category candidate has secured more marks than the last general category candidate, he is entitled to be selected against the unreserved seat without being adjusted against the reserved seat.

By | April 21st, 2017|Service Cases|

Comments Off on Service Law—Equal Opportunities—If a reserved category candidate has secured more marks than the last general category candidate, he is entitled to be selected against the unreserved seat without being adjusted against the reserved seat.

March 2017