Termination Order Not To Be Issued For Unauthorized Absence From Duty For Less Than 5 Years: Kerala High Court
3 years, 9 months ago

Termination Order Not To Be Issued For Unauthorized Absence From Duty For Less Than 5 Years: Kerala High Court

Live Law  

The Kerala High Court while disposing off the writ petition filed by a KSRTC driver for wrongful termination from duty, reinstated that under Rule 24 of the Kerala Service Rules cannot be invoked in cases of unauthorised absence of less than five years. Sajesh N. T. filed the petition following an order issued by the Executive Director of KSRTC dated 01.10.2018 the petitioner from service invoking the power under Rule 24. Since he did not receive a positive response after contacting the District Transport Officer seeking one week's time to join duty, the petitioner sent a representation on 02.06.2018 explaining the circumstances which prevented him for reporting for duty on the said date. To substantiate this argument, the petitioner pointed out that this Court had held that power under Rule 24 cannot be invoked in cases where there is unauthorised absence of less than five years, in two recent judgments, while highlighting that one of these decisions were delivered by a Division Bench.

Court Duty Service Rule Petition Petitioner Ksrtc Unauthorised Absence Rule 24  order  petitioner  unauthorized  unauthorised  rule  respondents  transport  issued  high  duty  court  absence  petition  service  termination  kerala

History of this topic

Service Can't Be Terminated During Maternity Leave: Punjab & Haryana High Court
1 month, 2 weeks ago

Service Can't Be Terminated During Maternity Leave: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the service of an employee who is on maternity leave can't be terminated during the period of leave. Justice Harsimran Singh Sethi said, "once an employee was on maternity leave, the said period of maternity leave could not have been curtailed so as to terminate the service of an employee and …

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC
2 months, 2 weeks ago

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC

Live Law  

Rajasthan High Court has set aside the forfeiture of 26 years of service of a constable who went on unsanctioned leave of 15 days on account of illness, opining that the punishment was so excessive, grossly disproportionate and arbitrary that it shook the conscience of the Court and undermined the rehabilitative objective that a welfare state ought to follow. Furthermore, …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
4 months, 3 weeks ago

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service. On the contrary, the counsel for …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
4 months, 3 weeks ago

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

Live Law  

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service. On the contrary, the counsel for …

Delhi High Court Upholds Dismissal Of Govt Employee For 20-Month Absence From Duty, Making "Scandalous" Allegations Against Employer
6 months, 3 weeks ago

Delhi High Court Upholds Dismissal Of Govt Employee For 20-Month Absence From Duty, Making "Scandalous" Allegations Against Employer

Live Law  

Observing that this was not a case of a "State using a sledgehammer to crack a nut", the Delhi High Court upheld the dismissal of an Income tax official, on grounds of "misconduct" for a 20-month absence from "duty" without permission and for making "false and scandalous allegations" against his employer. The bench said that even if there were "no …

Kerala’s Health department to crack the whip on staff on unauthorised leave
10 months, 1 week ago

Kerala’s Health department to crack the whip on staff on unauthorised leave

The Hindu  

The Health department has decided to crack the whip on its employees who have been on unauthorised leave of absence as all hands are needed to tackle the infectious disease situation in the State, an official statement said here on Thursday. In a statement issued here, Health Minister Veena George said that all possible legal measures will be taken against …

Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC
1 year ago

Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC

Live Law  

The Allahabad High Court has upheld the quashing of termination of an employee after he had an unblemished service record of 30 years. Placing reliance on the decision of Supreme Court in Chairman and Managing Director, Food Corporation of India and others vs. Jagdish Balaram Bahira and other, counsel for State argued that the termination of the petitioner was right …

Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court
1 year, 4 months ago

Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court

Live Law  

The Kerala High Court held that after a government servant has retired from service and the proceedings primarily become about loss recovery, disciplinary proceedings under Rules 15 and 16 of KCS Rules are no longer applicable. “However, in the light of the fact that the proceedings have been confined to the recovery of loss as the respondent had retired from …

Kerala Education Rules | Employees Facing Disciplinary Action For Unauthorised Absence Cannot Rejoin Duty: High Court
1 year, 7 months ago

Kerala Education Rules | Employees Facing Disciplinary Action For Unauthorised Absence Cannot Rejoin Duty: High Court

Live Law  

The Kerala High Court recently held that an employee who has been in unauthorized absence from service and against whom disciplinary proceedings have already been formally initiated cannot be allowed to rejoin the duty. It held thus: “In Elsy P. Oomman's case, the Court directed to reinstate the petitioner therein in service, taking note of the fact that no Memo …

Kerala Service Rules | No Claim To Pension When An Employee Is Appointed For A Limited Period, Say Against Leave Vacancy: High Court
2 years, 2 months ago

Kerala Service Rules | No Claim To Pension When An Employee Is Appointed For A Limited Period, Say Against Leave Vacancy: High Court

Live Law  

The Kerala High Court recently observed that according to Rule 4 and Rule 14E of Kerala Service Rules no claim to pension is admissible when an employee is appointed for a limited period and that the period of regular full time service of a pensioner in an aided school alone shall be reckoned as qualifying service for pension. Division Bench …

Following HC Order, Kerala Govt Puts The Squeeze On Its Striking Employees
3 years ago

Following HC Order, Kerala Govt Puts The Squeeze On Its Striking Employees

News 18  

Following a high court directive, the Kerala government has issued an order saying that participation in an ongoing strike by government employees will be treated as dies non. The order stated that the Kerala high court has declared the ongoing strike of government employees illegal and asked the administration to issue directions to prevent the protesters from engaging in strikes …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 6 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]
5 years, 1 month ago

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]

Live Law  

The High Court of Kerala observed that there is no scope of interference in disciplinary action against officer in judicial service if there is sufficient evidence for showing unsatisfactory conduct. In the instant case the petitioner, one Mr. V. Jayakumar, former Judicial First Class Magistrate, Pathanamthitta, was compulsorily retired under Rule 13A of the Kerala Judicial Service Rule 1991. The …

'Empanelled Employees Cannot Continue Beyond 180 Days', Kerala HC Directs KSRTC To Relieve All Empanelled Drivers By April 30 [Read Judgment]
5 years, 11 months ago

'Empanelled Employees Cannot Continue Beyond 180 Days', Kerala HC Directs KSRTC To Relieve All Empanelled Drivers By April 30 [Read Judgment]

Live Law  

The High Court of Kerala today directed that the empanelled drivers of Kerala State Road Transport Corporation should be relieved by April 30.This is following the earlier order of the High Court directing the removal of empanelled conductors of KSRTC, holding that they cannot continue beyond 180 days and that the vacancies existing beyond that period should be filled up …

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