An Employee In The Last Year Of Service Should Not Be Transferred Ordinarily : Rajasthan HC [Read Judgment]
5 years, 9 months ago

An Employee In The Last Year Of Service Should Not Be Transferred Ordinarily : Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court has held that an employee who is set to retire within a year should not be ordinarily transferred. "a superannuating employee, in the last year of his service, should not ordinarily be disturbed by the State, as a model employer, lest the exercise entail unwarranted inconvenience and difficulties for him in post retiral settlement", oberved Justice Alok Sharma,. "a superannuating employee, in the last year of his service, should not ordinarily be disturbed by the State, as a model employer, lest the exercise entail unwarranted inconvenience and difficulties for him in post retiral settlement", oberved Justice Alok Sharma, while dismissing a challenge brought against the order of administrative tribunal, which had quashed a transfer order. Also, the decision of the Rajasthan High Court in Manjula Patak v State of Rajasthan, holding that an employee who is to retire within one year should not be ordinarily transferred, was referred.

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History of this topic

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement
1 month, 1 week ago

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement

Live Law  

Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of Rajasthan …

State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother
1 month, 4 weeks ago

State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother

Live Law  

Rajasthan High Court set aside the transfer of a Nurse, 300 Kms away from her current posting, considering that she is the sole earner of her family comprising her mother who was a senior citizen widow, suffering from Alzheimer's and thus requiring medical treatment at current place. The bench of Justice Arun Monga held that the transfer would not only …

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 2 weeks ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction
3 months, 3 weeks ago

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction

Live Law  

The Patna High Court recently upheld the reinstatement of a Class-III employee posted in the Governor's Secretariat, Bihar who was made to compulsorily retire from the services in the midst of the departmental proceedings pending against him. Affirming the Single Bench's decision, the Division Bench comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy observed that it would be …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months, 1 week ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
8 months ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 10 months ago

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court

Live Law  

The Rajasthan High Court recently affirmed the order passed by the Central Administrative Tribunal that upheld compulsory retirement of an IPS officer and observed that compulsory retirement is not a punishment and does not require observation of principles of natural justice. The subjective decision of the government in public interest arrived at after considering entire service record of the petitioner, …

Bank's Decision Reducing Retirement Age Illogical; Affected Employees Entitled To Salary For Out Of Service Period: Rajasthan High Court
3 years, 2 months ago

Bank's Decision Reducing Retirement Age Illogical; Affected Employees Entitled To Salary For Out Of Service Period: Rajasthan High Court

Live Law  

The Rajasthan High Court has recently observed that the employees of Central Co-Operative Bank, who remained out of service due to the latter's 'illogical' decision reducing the age of superannuation, are entitled to the salary for the said period.The Bank had passed a resolution, reducing the superannuation age from 60 to 58 years. The Rajasthan High Court has recently observed …

Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient
3 years, 6 months ago

Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient

Live Law  

The Supreme Court observed that solitary remark regarding lack of integrity is sufficient to order compulsory retirement of a Judicial Officer.The bench of Justices AM Khanwilkar and Sanjiv Khanna set aside a Rajasthan High Court judgment which directed reinstatement of a judicial officer who was compulsorily retired.A judicial officer was compulsorily retired from Rajasthan Higher. The Supreme Court observed that …

Rajasthan political crisis | Supreme Court refuses Rajasthan Speaker’s plea against High Court order
4 years, 8 months ago

Rajasthan political crisis | Supreme Court refuses Rajasthan Speaker’s plea against High Court order

The Hindu  

The Supreme Court on Thursday refused Rajasthan Assembly Speaker C.P. But the High Court order on July 24 will be subject to the final decision on the Speaker’s remonstrance in the Supreme Court that the High Court crossed the ‘Lakshman Rekha’ and interfered with an ongoing disqualification proceedings even before he could take a final decision. Rajasthan political crisis | …

Five Important Principles relating to Compulsory Retirement
8 years, 7 months ago

Five Important Principles relating to Compulsory Retirement

Live Law  

Recently the High Court of Rajasthan while upholding an order of Compulsory retirement of an Additional District & Sessions Judge under Rule.53 of the Rajasthan Civil Service Pension Rules, 1996, has re-iterated the following principles relating to Compulsory retirement as summarized by the Supreme Court in Baikuntha Nath Das & Anr. Principles of natural justice have no place in the …

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