Labour & Service
Authorities Cannot Deny Salary Citing Absence Of Their Nominee From Selection Committee: Allahabad High Court
The Allahabad High Court has held that the failure of the District Basic Education Officer to send his nominee to a selection committee under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 does not vitiate the selection held in his absence. It held that salary cannot be withheld from...
Non-Teaching Staff Of Private Educational Institute Can't Seek Pay Parity With Govt Staff Through Through Writ Despite Statutory Provision: Karnataka High Court
Concerning the maintainability of writ petitions against private educational institutions, the Karnataka High Court has held that private, unaided institutions are not 'State' under Article 12 of the Constitution, and disputes regarding the payment of salary by such institutions are purely contractual matters lacking a 'public law element'. [2026 LiveLaw (Kar) 306]The single judge bench...
'Honorarium' Cannot Be Used To Deny Dignified Wages: Bombay High Court Directs Minimum Wages For Community Health Volunteers
The Bombay High Court has held that Community Health Volunteers (CHVs) engaged by the Municipal Corporation of Greater Mumbai are entitled to receive minimum wages under the Minimum Wages Act, 1948, for the hours of duty performed by them. The Court further held that mere branding of the remuneration paid to CHVs as honorarium, or describing them as volunteers, cannot deny them the status...
Delay In Processing Compassionate Appointment Application Cannot Defeat Claim Of Otherwise Eligible Dependent : Supreme Court
The Supreme Court has reiterated that a benefit of compassionate appointment cannot be denied to a beneficiary merely on account of delay or inaction by the employer in processing an application. A bench of Justice Aravind Kumar and Justice Vipul M Pancholi heard the case where a son's application seeking a benefit of a compassionate appointment was rejected by the employer, Western...
Typing Speed Is Minimum Eligibility Condition For Promotion As Junior Assistant, Can Be Tested Before Written Exam: Allahabad High Court
The Allahabad High Court has held that testing minimum eligibility condition for promotion prior to promotion to the post of Junior Assistant before written test is conducted is valid. It held that after the enforcement of the U.P. Government Departmental Ministerial Cadre Service Rules, 2014, a minimum typing speed is an eligibility condition for promotion to the post of Junior Assistant,...
Teacher Appointed Without Sanctioned Post, Qualification Can Claim Salary Only From Management Committee That Appointed Him: Allahabad High Court
The Allahabad High Court has held that a teacher appointed by a Committee of Management without prior approval of the post and without the qualification prescribed for it can only claim his salary from the Committee of Management which appointed him.Petitioner was appointed by the Committee of Management on 23rd November 1999, when he held the degree of 'Shiksha Alankar'. Unpaid, he moved...
Excess Salary Paid Due To Employer's Error 17 Years Ago Can't Be Recovered From Retiral Dues: Allahabad High Court
The Allahabad High Court has held that excess salary paid to a Class-III employee because of the employer's own faulty pay fixation cannot be recovered from his post-retiral dues where the mistake is corrected 17 years later and the employee is not shown to have brought it about.Directing refund of Rs. 11,51,840/- deducted from the retiral dues of a retired Head Constable (Driver), with 7%...
'Backdoor Appointments': Tripura High Court Restrains Tribal Areas Autonomous District Council From Paying Salaries To Regularised Employees
The Tripura High Court recently restrained the Tripura Tribal Areas Autonomous District Council, till further orders, from paying salaries to the to the part-time workers, casual workers and paid vouchers who have been regularised in absence of existence of sanctioned posts with approved scale of pay and allowances. The Tripura Tribal Areas Autonomous District Council (TTAADC) is...
Promotion Doesn't Wash Out Past Adverse Entries, Full Service Record Relevant For Compulsory Retirement: Allahabad High Court
The Allahabad High Court has held that the promotion of a government servant does not wipe out the adverse entries earned by him before the promotion when his case is taken up for compulsory retirement. It held that the entire service record must be looked at in such an assessment, and that even one entry touching integrity can be enough to retire an employee compulsorily.Justice Anish...
Re-employed Officers Can Be Treated Separately From Regular Officers: Supreme Court
The Supreme Court has held that government officers who are re-employed after retirement can legitimately be treated as a separate class from regular government employees for the purpose of pay fixation, ruling that such a classification does not violate the constitutional guarantees of equality under Articles 14 and 16.A Bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria made the...
State Can't Implement Central Scheme Selectively By Ignoring Pay Parity Clause: Allahabad High Court
The Allahabad High Court has held that a State which adopts a Centrally Sponsored Scheme, takes financial assistance under it and recruits employees solely to implement it cannot enforce only those parts of the Scheme which are administratively convenient while ignoring those which confer corresponding benefits on the employees so recruited.Clause 12.3 of the Integrated Education for...