Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC
11 months, 3 weeks 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 as 'Meena' tribe was not a notified tribe in 1990. Zamil Ahmed Vs. State of Bihar wherein the Supreme Court held that appointment cannot be cancelled after a lapse of 15 years on grounds of qualifications when the appointment was consciously given by the State. Its Registrar and others vs. Dr. Rajendra Kumar Srivastava and another where a coordinate bench of the Allahabad High Court had held “ Thus, this Court is of the view that once a selection is duly made, then in case there is any shortcomings in the said selection which is of such a nature that the same cannot be condoned, action has to be taken expeditiously. Civil Defence Lko And Others vs. Chhintar Mal Meena 2024 LiveLaw 185 Case citation: 2024 LiveLaw 185 Counsel for Respondent-Employee: Sharad Kumar Srivastava, Shobhit Mohan Shukla

Court Case State Tribe Single Appointment 30 Years Meena Petitioner His Appointment Scheduled Tribe Controller  cant  erroneously  case  given  vs  termination  misrepresentation  scheduled  court  tribe  employee  petitioner  selection  appointment  terminated  hc  quota  state

History of this topic

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings
2 months, 1 week ago

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings

Live Law  

Recently, the Allahabad High Court terminated the disciplinary proceedings against petitioner-employee in which chargesheet had issued in 2009 and no action was taken since then. Petitioner approached the High Court seeking payment of retiral dues and conclusion of the disciplinary proceedings. The Court observed that the District Panchayat Raj Officer, Ghazipur, in his personal affidavit, could not explain the reasons …

No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court
2 months, 1 week ago

No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court

Live Law  

While granting interest on delayed payment of post-retiral dues to a Nagar Palika employee, the Allahabad High Court observed that unless there are compelling reasons or serious charges, an employee should not be retired with disciplinary proceedings pending against him. 10,000 on the Executive Officer, Nagar Palika Parishad, Seohara, Bijnor for delaying the payment of retiral dues of the employee …

Employee Can't Be Terminated For Non-Disclosure Of FIR That He Was Not Aware Of: Allahabad High Court Reiterates
3 months ago

Employee Can't Be Terminated For Non-Disclosure Of FIR That He Was Not Aware Of: Allahabad High Court Reiterates

Live Law  

Relying on the judgment of the Supreme Court in Avtar Singh v. Union of India, Justice Neeraj Tiwari of the Allahabad High Court has held that a government employee cannot be removed from service for not disclosing that an F.I.R. “This Court is also of the same view that in case at the time of filing of affidavit before submission …

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
3 months ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

Cancellation Of Promotion & Reversion Of Employee's Position Without Providing Show Cause Notice Is Unsustainable : Guwahati High Court
3 months, 2 weeks ago

Cancellation Of Promotion & Reversion Of Employee's Position Without Providing Show Cause Notice Is Unsustainable : Guwahati High Court

Live Law  

A single judge bench of the Guwahati High Court comprising of Justice Suman Shyam, while deciding a writ petition held that the cancellation of a promotion and reversion of an employee's position without providing a show cause notice or an opportunity to be heard is unsustainable and arbitrary. Aggrieved by the same, the employee filed the writ petition asserting that …

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999
4 months, 1 week 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, 1 week 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 …

Employee Can Join New Employer After Previous Employer Rejects Offer
4 months, 2 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

Employee Can Join New Employer After Previous Employer Releases Him
4 months, 2 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

Employee Cannot Be Penalised For Appointing Authority's Failure To Follow Communal Rotation Guidelines: Madras High Court
9 months ago

Employee Cannot Be Penalised For Appointing Authority's Failure To Follow Communal Rotation Guidelines: Madras High Court

Live Law  

The Madras High Court recently set aside the order cancelling the appointment of a Jeep Driver who was wrongly appointed to a post earmarked for members from the Scheduled Castes community. Justice RN Manjula held that the employee had not suppressed any material facts and he could not be penalized or made a scapegoat for the appointing authority's failure to …

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
11 months, 1 week ago

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court

Live Law  

The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the …

Can't fire staff for criminal case not related to job: Telangana HC tells RTC
1 year, 8 months ago

Can't fire staff for criminal case not related to job: Telangana HC tells RTC

Deccan Chronicle  

HYDERABAD: Justice S. Nanda of the Telangana High Court ruled that an employee cannot be suspended or terminated from services for his involvement in a criminal case not connected with his employment. Sports body asked to clear dues to a former employee Justice S. Nanda of the Telangana High Court declared that the state cannot keep disciplinary proceedings pending for …

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
2 years, 2 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court
2 years, 10 months ago

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court

Live Law  

The Madras High Court recently observed that the employer shall follow the procedures in departmental proceedings including framing of charge, giving an opportunity to the employee, conducting a disciplinary enquiry and thereafter deciding the issue even with respect to temporary employees. He then filed a writ petition where the High Court directed the Registrar to consider the petitioner's representation and …

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act
3 years ago

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

Live Law  

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner contested that the Labour Court had erred in concluding that the Petitioner had not completed 240 days of continuous service in …

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court
3 years, 1 month ago

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Live Law  

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by …

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 …

SC/ST members from one state cannot claim quota benefit in another unless caste notified there: Supreme Court
6 years, 6 months ago

SC/ST members from one state cannot claim quota benefit in another unless caste notified there: Supreme Court

India TV News  

The Supreme Court on Thursday ruled that a member belonging to a Scheduled Caste and Scheduled Tribe community cannot claim the benefit of reservation in government employment in other states if his or her caste is not notified there. The apex court bench unanimously held that a person belonging to Scheduled Caste in one state cannot be deemed to be …

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]
7 years, 4 months ago

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has reiterated that a person who does not belongs to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe.The bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order …

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]
7 years, 4 months ago

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has reiterated that a person who does not belongs to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe.The bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order …

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