Digi - Legal Insights

Petitioners-workers, who have worked continuously for 240 days each year over five years with Forest Department, cannot be denied permanent status due to lack of sanctioned posts.

GATE score weightage-Award of 10% weightage to GATE score found unconstitutional and arbitrary.

Maintainability of Petitions on Subsistence Allowance-Petitions lacking proper prayers or challenges to prior orders cannot be entertained under Articles 226 and 227.

Resumption of Duties in Service Cases-Delay in obtaining approval for appointment does not invalidate entitlement to resume duties with back wages.

Fact-Finding Report in Disciplinary Proceedings-Fact-finding reports cannot form the sole basis for findings in departmental inquiries proper procedure must be followed with relevant evidence.

Delay and Laches in Promotion Cases-Claim for antedating promotion rejected due to a 21-year delay; barred by principles of delay and laches.

Pension entitlement-Long service, promotions, and salary through government grant justify pension benefits. Anjali Anand Khare Vs. State of Maharashtra

Regularization and parity of Special APPs-Contractual appointees not entitled to regularization, but deserve parity in honorarium and dues

Modification of posting without reason-Transfer order issued post election without justification rightly interfered with by Tribunal.

Delay and laches-Employment claim filed after unreasonable delay without pursuing remedies earlier is not entertainable.

Departmental enquiry initiated against employee without furnishing full documents violates principles of natural justice; order set aside.

Termination order set aside for breach of natural justice as petitioner was not informed of proposed punishment or given chance to respond.

Employee appointed in aided institution before 1-11-2005 entitled to Old Pension Scheme benefits.

Voluntary undertakings by employee permit recovery of excess pensionary payments; no interference warranted.

Transfer order vitiated by political interference and unexplained handwritten alterations Tribunal rightly invalidated decision.

Termination of Anganwadi Madatnis illegal where no fraud or misrepresentation found and documents were duly verified; reinstatement directed.

Impugned orders denying transfer of Petitioners from an unaided to an aided establishment due to non-acquisition of TET before March 31, 2019, set aside and Petitioners obtained TET/CTET, are entitled to transfer approval and Shalarth-ID.

Termination of workers was unlawful hence, previous judgment directing reinstatement of workers as pump operators and ensuring they receive back wages and permanency letters, upheld.

Voluntary undertakings by employee permit recovery of excess pensionary payments; no interference warranted.

Transfer order vitiated by political interference and unexplained handwritten alterations; Tribunal rightly invalidated decision.