Service Cases ‘ Creamy layer’ HELD Economic criterion cannot be the sole criterion for identifying ‘creamy layer’ – In spite of Section 5(2) of the 2016 Act making it mandatory for identification and exclusion of ‘creamy layer’ to be on the basis of social, economic and other relevant factors, the State of Haryana has sought to determine ‘creamy layer’ from backward classes solely on the basis of economic criterion and has committed a grave error in doing so August 30, 2021August 30, 2021 phlaw
Service Cases Appointment of appellant can only be construed as irregular and not illegal – Appellant is held entitled to be regularized with all consequential benefits – Appeal allowed. Finding recorded by the Division Bench of the High Court in respect of nature of the appointment of the appellant being illegal is thus not liable to be sustained – Her rejection of the claim for regularization on the ground of her appointment being illegal by the impugned order is patently erroneous. August 22, 2021 phlaw
Service Cases Seniority – cum – merit principle – Criterion of “seniority – cum – merit” in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior, even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made August 7, 2021 phlaw
Service Cases Penalty of compulsory retirement from the post of Additional District and Sessions Judge – Multiple transactions showing deposits and withdrawals of substantial amounts of money, it cannot be said that Full Court was not justified in taking the view that it did – Compulsory retirement upheld August 5, 2021 phlaw
Service Cases Service Law—Persons with Disabilities—Supernumerary post-Petitioner was working as science master—Met with a road accident and was permanently incapacitated for further service—Directions issued to pay salary to the petitioner as per norms by deeming fiction as if he is in service and has been working against a supernumerary post March 27, 2021 phlaw
Service Cases Service Law–Non-speaking Orders—Reasons are to be assigned by the Appellate Authority even while affirming the order passed by the Disciplinary Authority March 27, 2021 phlaw
Service Cases Service Law—Pensionary benefits—Absorption from one department to another—Period of previous service in earlier department has to be counted towards pensionary benefits on superannuation from latter department March 16, 2021 phlaw
Service Cases Service Law—Pension—Doctors in Haryana who have not completed 33 years of services are entitled to the full pension including Non Practicing Allowance instead of pro rate pension March 6, 2021 phlaw
Service Cases In case an officer is survived by a widow but has left behind an eligible minor child from another wife, then such son/unmarried daughter is entitled to the pension March 6, 2021 phlaw
Service Cases Service Law—Retiral Benefits—Members of the service of Punjab Panchayat Samitis and Zila Parishad shall be governed by the provision of the Punjab Civil Services Rules March 6, 2021March 6, 2021 phlaw
