February 2020

Service Law—Gratuity—Delay in filing appeal against decision of the Controlling Authority—Appellate Authority has no power to condone the delay

By | February 23rd, 2020|Service Cases|

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Service Law—Family Pension—Department was not justified in stopping the family pension on the ground that since amount of pension was not claimed, the same was stopped ii Service Law—Family Pension—Petitioner entitled for interest on delayed release @9% per annum from the date it became due till the same was released to petitioner

By | February 22nd, 2020|Service Cases|

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Service Law–Gratuity–Withholding of Gratuity—A charge-sheet which has been served upon an employee after his/her retirement, cannot give a right to the employer to withhold the gratuity as the position is to be seen on the date of retirement and not subsequent Service Law—Gratuity—Withholding of Gratuity beyond jurisdiction-­Petitioner held entitled to interest on the gratuity amount @9% per annum from the date it became due till its payment

By | February 21st, 2020|Service Cases|

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Service Law–Reinstatement~Merely because of the passage of some time, the essential qualifications would not stand obliterated on the ground of gaining working experience

By | February 16th, 2020|Service Cases|

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[DIVISION BENCH] Service Law—Reply to show cause notice—Merely stating that the reply was not found satisfactory will not meet the requirement of principle of audi alteram partem

By | February 6th, 2020|Service Cases|

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January 2020

Service Law—Recovery of Excess amount—Refixation of Salary—An employee, who is on the verge of his retirement, recovery of the excess payment, cannot be done from his/her pensionary benefits after re fixation of salary

By | January 31st, 2020|Service Cases|

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Service Law—Recovery of Excess amount—Salary was re fixed after retirement—Excess payment could not have been from recovered from gratuity

By | January 31st, 2020|Service Cases|

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Service Law—Withholding of Pensionary benefits—Only if the charges are framed in the judicial proceedings, it can be said that any criminal proceedings are pending against an employee—Mere pendency of an FIR cannot be treated as criminal proceeding

By | January 31st, 2020|Service Cases|

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Service Law—Withholding of Gratuity Amount—Disciplinary proceedings, initiated against the employee after retirement will not give the jurisdiction to withhold the pensionary benefits

By | January 31st, 2020|Service Cases|

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Service Law— Withholding of Pensionary benefits—Mere pendency of charge sheet does not give jurisdiction to department to withhold all the benefits

By | January 26th, 2020|Service Cases|

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Service Law—Pension—Delayed release of the revised pension-Petitioner is entitled for interest @9% per annum from the date it was revised till actually paid

By | January 26th, 2020|Service Cases|

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[DIVISION BENCH] Service Law–Essential Qualification–Where there was no misrepresentation by a candidate, and despite his not possessing the qualifications he had been appointed and had worked for considerable time it would be grossly unfair and morally wrong to dismiss him from service later

By | January 26th, 2020|Service Cases|

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December 2019

Service Law—Death in Harness—Ex gratia Compensation—Once the competent authority renders a positive declaration with regard to the attributability then administrative authorities normally should not reverse it   

By | December 22nd, 2019|Service Cases|

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Service Law—Disproportionate Punishment—Misconduct of consuming alcohol while travelling—Punishment of removal from service is highly disproportionate and harsh

By | December 22nd, 2019|Service Cases|

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Service Law—Pensionary Benefits—Delay in releasing—Petitioner held entitled for interest from the date the amount became due till the same are released favour of petitioner Service Law—Pensionary Benefits—Delay in releasing—Financial difficulty is not a valid ground to withhold the pensionary benefits of an employee

By | December 18th, 2019|Service Cases|

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Service Law—Disciplinary Proceedings—An officer against whose order an appeal has been preferred, cannot participate in the proceedings, where the appeal is being decided

By | December 15th, 2019|Service Cases|

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Service Law–Punishment–Punishment/Penalty imposed in a departmental proceedings takes effect prospectively from the date of its imposition and would not relate back to the period when the alleged offence/misconduct was committed–Judgment in Major Singh Gill’s does not lay the correct law hence overruled.     

By | December 7th, 2019|Service Cases|

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November 2019