This is case digest on Judgment of Punjab Education Tribunal challenged before Punjab and Haryana High Court at Chandigarh wherein the proposal of management to dismiss was rejected by the Director Higher Education and same was upheld by the Education Tribunal Punjab at Mohali. Now the college management went in writ petition before high court … Read more
This post is a case digest on Petition seeking reinstatement Punjab Haryana High Court wherein the employee was dismissed from services and his appeal dismissed before Appellate Authority. Petitioner challenged both in the writ petition seeking reinstatement to the post by issuance of the directions. The petitioner was terminated only on the basis of non … Read more
This post is a case digest on the topic of Can Appointment Notification Change after Advertisement before CAT Tribunal wherein the appointment qualifications were changed subsequently by the government. The petitioner requested to quash the notification since in view of a new notification by central government. The court dismissed this plea where petitioners seek parity … Read more
The present case is a case digest on topic of Seniority where law is settled the seniority has to be reckoned from the date of promotion or appointment to a service and retrospective seniority from the date of occurrence of vacancy is not permissible unless the Recruitment Rules specifically provide for it. The court ordered … Read more
This post is a case digest against Financial Upgradation Case against Ministry of Defence in CAT Tribunal wherein he sought grant of different grade pay from what he was getting which was dismissed by the CAT Tribunal. The respondent defence was that pay scale would not be given to the applicant as in MACP Scheme … Read more
This is a case digest where Punishment of Recovery of Fine is Challenged in CAT Tribunal wherein the appeal before the Appellate Authority stands dismissed by department and applicant moved to Central Administrative Tribunal (CAT) Bench for quashing of orders. Petitioner worked in Indian Postal Department popularly known as India Post as LDC (Lower Division … Read more
The present case talks about MACP scheme that allows three financial upgradations in the career of a Central Government Employee. Counting for upgradation under MACPS starts from the direct entry grade on completion of 10,20, 30 years services respectively. Under the Modified Assured Career Progression (MACP) Scheme, three Financial Up-gradations are allowed on completion of … Read more
VRS refers to a scheme of an option given by the organization to its employees to retire before superannuation (i.e., before the actual date of retirement) in exchange for additional severance payment and benefits.It is a method used by companies to reduce surplus staff. This mode has come about in India as labour laws do … Read more
This post is a case digest on Removal From Service Challenged in High Court after CAT Tribunal maintained the order of termination from services. The petitioner cannot be regularized or reinstated in the government due to his age. High Court held that the Maharashtra Administrative Tribunal has erred in holding that the impugned order does … Read more
This post is a judgment digest selection process of Physical Training Instructor before Supreme Court wherein the orders of High Court Chandigarh single judge bench and division bench were in consideration before the hon’ble court. The Hon’ble Supreme Court cited the difference between ‘Malice in Fact’ & ‘Malice in Law’ through this judgment. The Punjab … Read more
This case covers service matter topic Regularization Case in Punjab Haryana High Court Chandigarh where the respondents were ordered to regularize in their jobs immediately and also will be fully entitled to the perks of their new posting. Through this post, we will make out that the right to regularization of a government job can … Read more
This is a judgment digest on the topic of MACP explaining what needs to be considered while granting the benefit of MACP to the individual and how it will be given as per settled law on the topic. Whether MACP Scheme entitles financial upgradation to the next grade pay or to the grade pay of … Read more
This is a post on judgment wherein the appeal against CAT order was preferred in Punjab Haryana High Court Chandigarh against the seniority fixed by the department in compliance of CAT Tribunal Chandigarh’s order. But in contempt proceedings, the appellants were aggrieved with the compliance of order in a different manner than it ought to … Read more
This is a case judgment on the topic of rounding of Disability Pension by AFT Tribunal Regional bench Lucknow where the disease was attributable to military service. This post tells broad banding of disability/war injury element of pension with effect from 1.1.1996 irrespective of restriction of arrears upto 3 years or they retire post/pre 1996. … Read more
In this post, judgment digest of a case is covered where enhanced pension was awarded to soldier in the rank of Honorary Naib Subedar as per the last rank held by him but he was getting the service pension in the rank of Havildar. Enhanced pension from the date of Honorary Rank till death and … Read more
This post is a case digest of a judgment by Madras High Court on the issue of Dual Pension by kin of individuals in Army who served the state government later and what is the general rule/law on the said topic; whether they can claim both or not as per settled law? Rest, AFT Chandigarh/Chandimandir … Read more
Validation of Petition seeking Regularization of Government Services This post is a summary on Regularization in Government Service petition before Punjab Haryana High Court which was granted by Hon’ble High Court Chandigarh. Also Read- Suspension Order Challenged in High Court Chandigarh The case Title is Pawan Kumar vs District Red Cross Society & Anr 17 … Read more
INTRODUCTION The Constitution of India had adopted the concept of writ jurisdiction from British Jurisprudence. In which powers to issue writs are available to the king. Our Constitution provides writ jurisdiction to the High Courts and Supreme Court of India under Article 226 and Article 32 of The Constitution of India. As far as the … Read more
In this post, we will know about Armed Forces Tribunal (AFT Chandigarh Bench/Chandimandir) frequently asked questions (FAQ). Also Read- AFT Chandigarh Bench Lawyers & Advocates Key Points Included: Establishment Benches Jurisdiction Salient Features Scope of Act Types of Matters Famous Judgements Conclusion Also Read- Military Pension as Per Length of Service-aft Chandigarh Establishment The Armed … Read more
Industrial Employment (Standing Orders) Act 1946 makes it obligatory for industrial establishment to disclose conditions of employment to workmen by way of standing orders /service rules and to make them known to employees. This post generalizes the process for obtaining Standing Orders certified by Authority and in particular the process being adopted in State of … Read more
Reservation in Promotion hinges on three factors, inadequacy of representation, backwardness and the impact on overall efficiency before making reservations in promotions. Recently the Supreme Court (SC) settled the controversy surrounding Reservation in Promotion in Jarnail Singh & Ors vs. Lacchmi Narain Gupta & Ors , SLP (C) 30621/2011 decided on 26.09.2019. It held: That a progression … Read more
One of the benefits out of all in a government job is Compassionate Appointment if the employed person is dead. The next closest Sibling/spouse/kin/Dependent to deceased can apply and get the job as per the scheme/rules/criteria laid down by the department as per law laid down. But one cannot be sure of the time, it … Read more
As per Supreme Court decision in TMA Pai’ Foundation & Ors vs. State of Karnataka in 2003, the court ordered to set up an Educational Tribunal in each district of a State. The Punjab Privately Managed Recognized Schools Employers (Security of Service) Act, 1979 has been amended by Punjab Government to bring Private unaided Schools … Read more
Private Sector specialists selected as Govt. Joint Secretaries With a motive to introduce experienced people in government administration, NDA government had decided to appoint a few experienced and professionals for the post which were previously filled through clearing civil services exam. For the first time, specialists have been selected for appointment as joint secretaries in … Read more
Job Extension of two Years can be granted to PWD (Person with Disability) Teachers For the benefit of physically challenged employees, the government has issued many guidelines. Extension of the job was one of those guidelines. Recently a case was raised. Also Read- APPOINTMENT AGAINST SANCTIONED POSTS ONLY Facts of the case Teachers having a disability in … Read more
Every employee has a right to receive pension upon retirement. If payment of such person is delayed, the retired employee is surely entitled to get some interest for such delayed payment. Pension and even gratuity are aimed at maintaining the life of a retired employee and his dependents. These are welfare provisions if there is … Read more
Suspension from government job is different from getting fired from a private job. Suspension can be defined as temporary withdrawal of duties from a government servant, pending inquiry into his conduct, with simultaneous reduction in pay and withdrawal of some rights and privileges. The related rules are laid down in The Central Civil Services (Classification, … Read more
Various courts of this country, be it CAT , High Court , Labour Court , Supreme Court etc. or any other have settled the view on jobs on compassionate ground in government offices which is “ The appointment on the basis of compassionate ground is not a matter of right but there should not be … Read more
Government job/service India is highly hailed, revered and glorified for its stability as no one can just throw you out from job without conducting proper departmental inquiry in sync with the service rules and procedures being adopted by the government organisation, department or cooperation. The same goes for banks, government institutions, school , colleges, hospitals … Read more
The post pertains to issue of Fixation of inter se seniority between Direct Recruits (DR) and Promotee (PR) Inspectors of Income tax in various charges of the Income tax Department. It is hereby clarified that while the inter-se seniority of direct recruits and promotees is to be fixed on the basis of the rotation of … Read more
In case of Hospital Engineer, Central Administrative Tribunal (CAT) Chandigarh has directed PGIMER ( Post Graduate Institute of Medical Education & Research ) to escalate the process of consideration of all eligible candidates. The case came to the CAT Tribunal Chandigarh when PGI removed one Assistant Engineer from RAC (Refrigeration & Air conditioning ) vide … Read more
To hike the salaries of Central Government employees beyond what the 7th Pay Commission had recommended, the government has now modified the definition of pay anomaly. This could signal some good news as now the National Anomaly Committee could now take a decision on its own. It may be recalled that on October 30, 2017, … Read more
Punjab and Haryana High Court at Chandigarh under its writ jurisdiction can stay any illegal suspension from any of the government offices. Suspension must be in strict consonance with statutory rules and guidelines adopted by organization through proper notification issued in public. No official can use these rules as per his convenience or to … Read more
An Overview on Assured Career progression Scheme: When ACP (Assured Career Progression Scheme) was implemented vide Office Memorandum NO. 35034/1/97-Estt(D) dated 09.08.1999, it was not made applicable to Central Government Employees in Group “A” Services. In respect of Central Government Employees in Group B, Group C and Group D Cadres, two financial up gradation were … Read more
Government employees can claim pension only if they have completed a minimum of 20 years of service, the Central Administrative Tribunal (CAT) has held. Qualifying service is essential for a government servant to claim pension as there is no relaxation permissible,” the CAT, headed by Vice Chairman M Ramachandran, said. The Tribunal passed the order … Read more
In India, Government employees are considered as people who are leading the lifestyle of a king. But, in reality, they do suffer a lot of problems in the course of their employment. One of such problems is “transfer “. Some transfers may be genuine while others might not. A genuine transfer order is one which is … Read more
Disciplinary Proceedings against a Govt. Servant: Procedure thereof Government Servants play a very important role to run the administration of the Country. They are important constituents of the administrative set up of the nation. They are pillars of the Govt. departments on whose shoulders the responsibility to implement the Govt. policies lies. They provide public … Read more
Indian Constitution provides right to equality to both women and men. But in practice women are discriminated against both in their homes and outside. Discrimination, on most of the times, includes elements of harassment and violence against women. More often than not physical harassment takes the form of sexual harassment or sexual violence. The term … Read more
It is the mandate of a service law that a show Cause Notice must be served to delinquent employee Before initiating any departmental proceedings against him. Read Story – RESERVATION IN PROMOTIONS OF SC/ST Here recently a gambling racket was discovered in a 4 star hotel of Chandigarh administration and pursuantly the hotel authorities have taken … Read more
Supreme Court has granted relief to centre in matter of reservations in promotions (RIP) to be carried in the category of SC/ST in accordance with law. Before orders, the entire process of promotions had reached a standstill. Both the Apex Court and High Courts of other states have passed Contradictory Orders and in one by … Read more
To anyone who is employed, job is very close to his or her heart. It let’s an individual pay his bills, basic needs and above all to live his life with dignity as being unemployed is seen as a jinx to the society. One must read the employment terms and conditions before joining any job. … Read more
In 2015, court ordered Haryana Transport department to grant third ACP scale along with interest on leave encasement delayed amount to the petitioner Mr. Suraj Bhan. Department failure to comply with the orders lead court to pass directions to attach official vehicle of the Director General of Haryana Transport Department. An amount of Rs 5 … Read more
What is Compassionate Appointment? – In most clear and simple terms, it is employment solely on the ground of compassion on the death or permanent injury of an individual in a blood relationship maintaining and taking care of the person who has asked for the job. Object of Compassionate Appointment? – The scheme is applicable … Read more
Central Administrative Tribunal (CAT) Chandigarh has recently quashed multiple promotions at Central Board of Excise and Customs Ludhiana. Court in its order observed, the competent authority has ignored the principles of catch -up rule with impunity and wrongly applied the policy of reservation. The petition is filed by one of the employees of the department wherein … Read more
Service matters are complicated and it is difficult to pursue strict compliance of rules and regulations wheresoever meritorious is to be promoted above hierarchy. In these situations often discretion is exercised that becomes suits in court which is the prime cause for rising disputes at workplace. What should be your first step in these service … Read more
Good news for pensioners who retired from PU before 2006 that the order of reducing their pensions is now stayed by phhc in lieu of excess pension wrongly fixed earlier. The PU has been issued notice to file reply on 6th March. Two petition were filed on this issue including 119 pensioners in phhc. Suddenly after … Read more
It is surprising that Chandigarh, UT on its own don’t have any policy for promotions of inspector rank to DSP of its own cadre. UT has 23 posts of DSPs of which 10 are filled by DANIPS cadre and remaining from within the UT police. The problem first arose in 2013 when city beautiful got … Read more
In yet another path breaking judgement by Central Administrative Tribunal, in short CAT Chandigarh, seniority benefits has been granted to applicant from date of joining. … Read more
Good news has come for thousands of guest teachers in Punjab and Haryana, who every year are replaced once the current session ends in which they are appointed. On guidelines of Supreme Court, the practice of removing Guest Teachers has already been deprecated at the end of session by replacing them with similar arrangement. HC … Read more
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