Labour & Service
Employer Can't Defeat Compassionate Appointment Claim By Delaying Processing: Supreme Court
The Supreme Court has held that an employer cannot keep an employee's application for voluntary retirement on medical grounds pending until the employee crosses the prescribed age limit and then use that delay to deny compassionate appointment to the employee's dependent. The Court ruled that such an interpretation would allow an employer to "control eligibility through delayed processing"...
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...
Govt Servant Can't Challenge Denial Of Salary For Period Of Unauthorised Absence Regularised To Enable Voluntary Retirement: Allahabad High Court
The Allahabad High Court has deprecated the conduct of a government servant who secured voluntary retirement, by the regularization of his unauthorized absence from duty through a sanction of leave without pay, but still challenged the denial of salary for the period of absence. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“The conduct of the petitioner amounts...
WBPSC Violated Rules, Conducted Interview Unfairly: Calcutta High Court Quashes Museum Keeper Appointment
The Calcutta High Court has set aside the West Bengal Public Service Commission's (WBPSC) recruitment process for the post of Keeper at the State Archaeological Museum, holding that the Commission failed to adhere to its own Rules of Procedure, 1982 and the terms of the recruitment advertisement. The Court also quashed the appointment of the selected candidate and directed the WBPSC to conduct...
Master's Candidates Lacking Prescribed Bachelor's Degree Not Eligible For Recruitment As Govt School Teachers: Delhi High Court
The Delhi High Court has held that possession of a Master's degree does not automatically make a candidate eligible for a post requiring a Bachelor's degree in the same subject. [2026 LiveLaw (Del) 660]A Division Bench of Justices C. Hari Shankar and Vinod Kumar thus set aside a CAT order directing the appointment of certain candidates as Domestic Science Teachers (TGTs) in Delhi...
BSF Can't Deny DIG Rank To Officer Injured In 1995 Road Accident Despite Granting Earlier Promotions: Calcutta High Court
The Calcutta High Court has held that the Border Security Force (BSF) cannot deny promotion to the post of Deputy Inspector General (DIG) to an officer solely on the ground of his medical category, particularly when the same medical condition did not prevent his promotion to higher ranks on three earlier occasions after the injury.Justice Reetobroto Kumar Mitra directed the BSF to convene...
Rules Can't Be Changed After Recruitment Process Substantially Concludes: Patna High Court Quashes Cancellation Of Teachers' District Allotment
The Patna High Court has held that statutory amendments cannot be applied retrospectively to alter the substantive conditions of a recruitment process that had already substantially concluded under the unamended rules. The Court held that once local body teachers had qualified the competency test, secured district allotment based on merit and preferences, completed counselling and...
CISF Personnel Carrying 'Spy Pen' Camera While On Duty At Sensitive Location Is Serious Misconduct: Calcutta High Court
The Calcutta High Court has held that a member of the Central Industrial Security Force (CISF) found carrying a spy pen camera with a memory card while on duty at a sensitive installation cannot seek leniency merely because the device was not used. The Court restored the disciplinary punishment imposed on the constable, observing that members of a disciplined force entrusted with...
Cannot Disregard Express Terms Of Pension Scheme Due To Beneficial Nature: Delhi High Court Refuses Family Pension To Bank Employee's Widow
The Delhi High Court has refused to extend the benefit of family pension scheme to the widow of a deceased Bank of Maharashtra employee, observing that the beneficial nature of a welfare scheme does not permit courts to disregard its express terms and conditions. [2026 LiveLaw (Del) 655]Justice Sanjeev Narula dismissed the plea filed by Savitri Devi, who had sought directions to the Bank to...
Recruitment Begins With Advertisement, Not Approval Of Appointment; Subsequent Selection Law Doesn't Govern It: Allahabad High Court
The Allahabad High Court has held that a recruitment process commences on the publication of the advertisement, and not at the later stage of approval of appointment. It held that a law brought into force after the advertisement does not govern a process already set in motion.It further held that where a new Act comes into force after the advertisement but before the selection is finalised,...
Suitability For Promotion Must Be Left To Domain Experts, Courts Cannot Introduce New Methodology: Supreme Court
The Supreme Court has reiterated that when the Statute provides a specific methodology for determining whether a candidate is suitable for promotion or not, then it is impermissible for the Courts to substitute their views to introduce a different methodology or read words that are not there in the provision. A bench of Justice Manoj Misra and Justice Manmohan set aside the concurrent...