Contractual Employees Can't Be Replaced By Another Set Of Contractual Employees: Rajasthan High Court Grants Relief To Vocational Trainers

Rajasthan High Court granted relief to the petitioners who were serving as vocational trainers for several years, and were deployed through third party agencies i.e. vocational training providers (VTPs). The services of the petitioners were terminated after the State terminated the contract with the VTPs. The bench of Justice Ashok Kumar Jain directed the State to engage the petitioners...

Terms In Past Advertisement Does Not Create Vested Right For Candidates To Insist On Same In Future Public Recruitment: Rajasthan High Court

Rajasthan High Court held that inclusion of a particular condition in past year's advertisement for public recruitment did not create any vested right in favour of candidate to insist upon identical conditions in the future recruitments too. The bench of Justice Anand Sharma observed that every recruitment process was an independent exercise and the employer was competent to modify or...

Karnataka High Court Upholds ₹10 Lakh Compensation To Teacher Who Became Disabled While Saving Student From Jumping Off School Building

The Karnataka High Court dismissed private school's plea challenging an order of State Commissioner for Persons with Disabilities directing the school to grant a teacher Rs. 10 Lakh compensation for acquiring a disability arising out of the rescue of a student.The court issued a comprehensive Standard Operating Procedure (SOP) for universal accessibility across all public buildings,...

Workmen's Compensation Act | Taking Deceased To Hospital On Humanitarian Ground Not Enough To Assume Employment Relationship: Rajasthan HC

Rajasthan High Court set aside a claim granted in favour of a deceased man's family under the Workmen's Compensation Act, and held that taking deceased to the hospital on humanitarian grounds was not sufficient to establish employer-employee relationship in absence of any documents.The bench of Justice Ravi Chirania opined that in a society, many a times people extended their help to those...

Karnataka High Court Permits Impleadment Of Workers' Associations In Plea Challenging State's Minimum Wage Hike Notification

The Karnataka High Court on Tuesday (June 9) allowed several interlocutory applications filed by various workers' associations seeking impleadment as parties to a plea challenging State government's May 22 notification proposing minimum wage hike for 81 scheduled employments.A single judge bench of Justice Jyothi M was hearing the writ petition filed by the Karnataka Employers' Association...

P&H High Court Directs Centre To Treat Ex-IAS Ashok Khema As Empanelled Deemed Addl Secy. & Secy, Holds Denial Arbitrary

The Punjab and Haryana High Court has allowed a plea filed by retired IAS officer Ashok Khemka, holding that denial of empanelment to the rank of Additional Secretary/Secretary to the Government of India, despite similar relaxations granted to other officers, was discriminatory and violative of Articles 14 and 16 of the Constitution.A Division Bench comprising Justice Harsimran Singh Sethi...

Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance

The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...

Cut-Off Date In Recruitment Not Arbitrary, Candidates Must Possess Qualification By Last Date Of Application: P&H High Court

The Punjab and Haryana High Court has held that prescribing the last date of submission of applications as the cut-off date for determining eligibility in recruitment processes is neither arbitrary nor unconstitutional, reiterating that candidates must possess the requisite qualifications by the stipulated date.Dismissing a writ petition filed by a candidate seeking relaxation of...

Karnataka High Court Refuses To Pass Interim Order Permitting KSAT Member To Continue In Office After Expiry Of Tenure Next Week

The Karnataka High Court on Friday (June 5) declined to pass interim order for now in a PIL seeking a direction to allow an Administrative Member of the Karnataka State Administrative Tribunal (KSAT) to continue in the office after expiry of his tenure on June 13. The Division bench of Chief Justice Vibhu Bakhru and Justice K.S Hemalekha orally said that a memo extending the tenure can be...

Appointment Under Sports Quota Can't Be Denied For Representing University Outside State: Rajasthan High Court Grants Relief To Candidate

Rajasthan High Court granted relief to a candidate who sought appointment to the post of Teacher under “Outstanding sports Person” category, earlier denied the benefit on the ground that certificate issued to her for participating in the Championship was for representing Haryana and not Rajasthan.In doing so the court referred to the advertisement and said that the essential requirement...

Contractual Professionals Not Entitled To Remuneration Beyond Contract Period Without Proof Of Work Performed: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has set aside a writ Court order directing payment of remuneration to contractual professionals engaged for preparation of zonal plans, holding that the respondents miserably failed to demonstrate that they performed any duties beyond the period of their contract.The Court observed that the experience certificates were issued by the very...

Disability Developed After 14 Years Of Army Service Presumed Attributable To Service Absent Cogent Rebuttal: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court upheld an order of the Armed Forces Tribunal granting disability element of pension to Army personnel after observing that the disability had developed during service after more than fourteen years of enrolment and that the subsequent denial of attributability lacked adequate reasoning.The Court was hearing a writ petition filed by the Union of...