Promotion On Day Of Superannuation, Employee Entitled To All Promotional Benefits: Karnataka HC

A Division Bench of the Karnataka High Court comprising Justice Mohammad Nawaz and Justice Venkatesh Naik T held that a government employee who validly assumes charge of a promoted post on the date of superannuation is entitled to all consequential promotional and pensionary benefits from that date, even if the charge was assumed after noon. Background Facts The...

Employee Can't Be Terminated For Non-Disclosure Of Criminal Case Without Proof They Knew About It: Orissa HC

A Division Bench of the Orissa High Court comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman held that suppression of information in a verification form must be of a 'material' fact, and penal action is not warranted if the candidate lacked knowledge of the criminal case, especially where the case was trivial or ended in acquittal. Background Facts The...

Discharging Duties Of Higher Post Doesn't Entitle Employee To Higher Pay Without Formal Appointment: Delhi High Court

The Delhi High Court has held that an employee cannot claim the salary and emoluments of a higher post merely because she allegedly performed duties associated with that post, in the absence of a formal appointment. [2026 LiveLaw (Del) 624]A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla observed, “even if a person holding a particular post is made, by her or his employer,...

Based On Delay Can't Quash Dept Enquiry Into Grave Charges If Employer Not Fully At Fault: Andhra Pradesh High Court

A Division Bench of the Andhra Pradesh High Court comprising Chief Justice Lisa Gill and Justice Ninala Jayasurya held that departmental proceedings cannot be quashed merely due to delay in their conclusion; delay must be weighed against the gravity of charges, and procedural time limits under G.O.Ms.No.679 are directory in nature, and not mandatory. [2026 LiveLaw (AP)...

Sub-Registrars Aren't Liable For Revenue Loss If Relied On District Registrar's Verification:AP HC

A Division Bench of the Andhra Pradesh High Court comprising Chief Justice Lisa Gill and Justice Ninala Jayasurya held that a Sub-Registrar cannot be held solely liable for revenue loss when he relied on verification certificates issued by a superior authority (District Registrar), when no action was taken against the superior authority and there was no proof of connivance. [2026...

Bihar Agricultural University Statutes Operate Prospectively, Can't Convert 2011 Direct Recruitment Into Tenure Appointment: Patna High Court

The Patna High Court has held that the Bihar Agricultural University Statutes, 2010, notified in 2017, cannot be applied retrospectively to convert a substantive appointment made through direct recruitment in 2011 into a tenure appointment. The Court observed that unless a statute expressly or by necessary implication provides for retrospective operation, it is presumed to operate...

'Disrespectful': Rajasthan High Court Orders Suspension Of Tehsildar, Patwari For Failing To Remove Encroachments Despite Judicial Orders

Rajasthan High Court has directed the Revenue Secretary to initiate departmental proceedings against the Tehsildar and Patwari of Khedli village in Karauli district, who failed to remove illegal encroachments despite multiple orders by the Court in that regard, and did not furnish explanation towards such inaction. The officials have been directed to remain suspended till the conclusion of...

Subsequent Omission Of "Two-Child" Eligibility Rule Does Not Invalidate Terminations Made While Rule Was In Force: Chhattisgarh High Court

The Chhattisgarh High Court has held that the subsequent omission of Rule 6(6) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, which disqualified a person having more than two living children from appointment, does not invalidate termination orders validly passed while the rule was in force. The Court observed that unless an amendment or omission is expressly or...

Compassionate Appointment Can't Be Rejected For Financial Reasons If Not Stated In The Original Order:Calcutta HC

A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the rejection of a compassionate appointment claim cannot be based on financial stringency if that ground was not mentioned in the original rejection order or enquiry committee report. Background Facts The petitioner's father was an employee of the West...

Disciplinary Authority Must Exercise Independent Judgment, Not Act Under Dictates Of Other Authorities: Patna High Court

The Patna High Court has upheld a Single Judge's decision setting aside the removal of a Punjab National Bank employee from service, holding that a disciplinary authority vested with statutory discretion must exercise its powers independently and not under the dictates of another authority. The Court observed that where the disciplinary authority fails to independently apply its mind...

Dismissal On Technical Grounds Means Employee Remains 'In Service' For Subsistence Allowance, Rules Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that when a punishment order is set aside on a technical ground and the matter is remanded for a fresh decision, the employee is deemed to be in service and entitled to subsistence allowance but not automatic back wages for the intervening period. Background Facts...

Appointment To New Post After Abolition Of Old One, Not 'Promotion' For MACP Benefits: Meghalaya High Court

A Division Bench of the Meghalaya High Court comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh held that when an employee is shifted to a newly created post (Hindi Officer/Assistant Director) due to abolition of the earlier post (Hindi Instructor) and merger of pay scales of both posts, such appointment is not a promotion and cannot be counted as financial upgradations...