Constitution of India, Article 226 -- Punjab Samitis and Zila Parishad Service Rules, 1965, Rule 8 – Challenge to recruitment process – Participation in selection – Effect of -- Maintainability of writ -- Petitioner’s challenge to the selection conducted by the respondents in the year 1997 on the basis of interview alone and the petitioner having participated therein and remained unsuccessful cannot be held to be maintained -- A person cannot approbate and reprobate at the same time -- Writ Petition dismissed.

(Para 11, 12)

Constitution of India, Article 226, 227 -- Appointment to Group C posts -- Change of category – General to EWS -- Petitioner filled up the application form under the general category -- Petitioner appeared in the common eligibility test also under the general category unable to secure the minimum marks in general category –  Petitioner is now raising a grievance with regard to the fact that as he has obtained 46.5 marks and he also belongs to the category of EWS, for which the cutt-off is 38 marks, the petitioner be allowed to change his category from general category to EWS category – Held, said prayer of the petitioner cannot be accepted.

(Para 8)

A. Compassionate appointment policy (Haryana) -- Constitution of India, Article 226 -- Appointment on compassionate grounds – Petitioner was minor at relevant point of time, whether the petitioner is entitled for the grant of benefit of compassionate appointment on attaining the age of majority or not – Benefit of compassionate appointment can only be claimed within a period of three years of the death of the deceased employee and in case claimant is not eligible to claim the said benefit within a period of three years of the death of the deceased employee, no further claim can be raised.

(Para 7-10)

B. Constitution of India, Article 226 -- Ex-gratia benefits -- Once, the respondents have passed the order declining the grant of benefit of compassionate appointment to the petitioner, the claim of the petitioner for the grant of exgratia financial assistance needs to be decided by the respondents as the petitioner cannot be denied both the benefits -- Respondents directed to decide the claim of the petitioner for the grant of exgratia financial assistance.

(Para 11-14)

Constitution of India, Article 226, 227 -- Departmental proceedings – Criminal proceedings – Pendency of – Effect of -- No further proceedings have taken place in the same in spite of lapse of more than 6 years on account of interim stay – In case the criminal case does not proceed, then departmental proceedings, even if they have been stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to be concluded at an early date – It would not be in the interest of justice to keep the departmental proceedings pending any further – Writ petition dismissed. Capt. M. Paul Anthony’s case Ltd., 1999(3) SCC 679 relied.

(Para 12, 13)

A. Constitution of India, Article 14, 226 -- Payment of pension after death – Recovery of -- Pension was being paid by the respondent-Bank after the death of the husband of the petitioner -- Said error was attributable to the bank only and not to the petitioner -- Once there is no misrepresentation on part of the petitioner to get an amount, the recovery being done from her is totally contrary to the settled principle of law settled by the Hon’ble Supreme Court of India in Rafiq Masih’s case Civil Appeal No.11527 of 2014.

(Para 8)

B. Constitution of India, Article 14, 226 -- Payment of pension after death – Recovery of – Natural justice -- No show cause notice whatsoever has been given to the petitioner before effecting the recovery -- Respondent have taken in writing from the petitioner that her family pension will not be released till she exceeds to the recovery --  Any letter given contrary to the entitlement under law cannot be enforced by the Bank so as to effect the recovery from the petitioner -- Recovery being done from the petitioner set aside -- Any recovery already made be refunded back to the petitioner within a period of two months.

(Para 11, 12)

Constitution of India, Article 226 -- Rejection of representation – Writ petition -- Promotion granted to the private respondents notionally -- Representation of the petitioner rejected by cryptic and non-speaking order with no reference made to the detailed averments made in the representation – Order set aside and respondent no.2 directed to reconsider the matter after taking into consideration the averments made in the representation and also after taking into consideration the rules and regulations of the policy, by passing a speaking order.

(Para 1-4)

Constitution of India, Article 226 -- Compassionate appointment – Medical opinion -- Candidature of the petitioner has been rejected on the medical grounds -- Petitioner was examined two times -- On both the occasions, he was examined by different set of doctors and both times he was found patient of hypertension -- It is settled proposition of law that High Court cannot substitute opinion of medical experts -- Respondent cannot be asked to consider candidature of the petitioner on the basis of reports of civil hospital – Writ petition dismissed.

(Para 6)

Constitution of India, Article 14, 226 -- Withdrawal of appointment of deceased employee – Permissibility of -- No order causing prejudice to the dead employee could have been passed by the respondents, muchless, withdrawing the appointment which was given to the employee concerned after due verification in the year 2008 -- Impugned order is contrary to the settled principle of law, set aside -- Respondents  directed to grant the petitioner all the benefits which the widow of the deceased employee will get including the family pension as well as the ex gratia financial assistance with interest @ 6% per annum. Shiksha Devi’s case, CWP-21917-2016 decided on 02.08.2022 relied.

(Para 10-13)

Constitution of India, Article 226 -- Recovery from retired employee/ due to retire within 1 year -- Excess payment was made by way of an increment which the petitioner was not entitled -- No recovery should be made from retired employees or employees who are due to retire within 1 year of the order of recovery -- Respondent has effected recovery from the retiral benefits of the petitioner -- Respondent shall refund the said amount within 2 months -- Impugned order quashed and writ petition allowed. Rafiq Masih’s case (2015) 4 SCC 334 & Tara Chand’s case 2013 (4) SCT 251 (P&H) relied.

(Para 2, 7-10)

Constitution of India, Article 14 – Regularization of service -- Discrimination -- Parity -- Delay and laches – Plea of petitioners is based on discrimination which is violative of Article 14 of the Constitution of India -- If there is an infraction of Article 14 of the Constitution of India then petition cannot be dismissed on the ground of delay and laches. K. Thimmappa and others’s case, 2001 (2) SCC 259, relied -- Similarly situate counterparts had been appointed earlier with respect to whom parity sought, deserves to be allowed -- Respondent-Corporation will have to uniformly regularize contractual appointees after one year --  Petitioners are held entitled for regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date.

(Para 23-29)

Oriental Bank of Commerce Officer Employees (Discipline & Appeal) Regulations, 1982 -- Staff Accountability Policy 2011, Clause 9.2 --  Dismissal of Bank employee -- Charge-sheet after 4 years -- Limitation – Respondent bank issued charge sheet without alleging fraud or mala fide, thus, extended period of limitation could not be invoked -- Bank was bound to initiate proceedings within four years from the date of alleged offence – Dismissal order set aside – Writ petition allowed.

(Para 1, 9)

Punjab Civil Service Rules Vol. 2, Chapter VIII, Rule 8.35 -- Constitution of India, Article 226 -- Family pension – Karewa Marriage with Dewar – Effect of – Petitioner solemnized Kareva marriage with his brother-in-law (Devar) -- On request, the family pension was transferred in the name of son – Second husband also passed away and petitioner requested to restore her family pension -- Respondent-department denied family pension to the petitioner because she got re-married and stopped of her son because he got job – In Amrit Kaur @ Paramjit Kaur’s case 2014 (2) PLR 192 benefit of family pension was extended to widow of a deceased employee though said lady solemnized marriage with his brother-in-law -- Petition disposed of with a direction to the respondent-authorities to reconsider claim of the petitioner and pass an appropriate order within three months.

(Para 2-5)

Employees’ Compensation Act, 1923 (8 of 1923), Section 4A, 168(3), 173 -- Compensation to workman/ employee -- Default interest @ 9% p.a. – Challenge to -- Tribunal directed to pay compensation amount of Rs.13,35,000/- to the claimants along with interest @ 7.5% per annum and if awarded amount is not paid within the period of 2 months from the date of the award, claimants shall be entitled to the interest @ 9% per annum from the date of award, till realisation – Held, once awarded amount of compensation is deposited by the aggrieved person/ agency/ party, within 30 days from the date of announcement of the award, i.e. in consonance with Section 168(3) of the 1988 Act, alongwith interest @ 7.5% per annum, there would not be any situation for the insurance company or any such aggrieved person to pay interest @ 9% with retrospectivity – Appeal dismissed.

(Para 1, 8-13)

Constitution of India, Article 226 -- Delay in retiral benefits – Interest thereupon -- Once, the service book of the petitioner was not complete and her second ACP was released after her retirement, the question whether the petitioner failed to fill the form or not will not disentitle the petitioner for the grant of benefit of interest on the delayed release of payments -- Petitioner held entitled for the grant of interest @ 6% per annum on the payments, which have been released to her after a delay of two months of her retirement from the date the amount became due till the actual payments released to her.

(Para 7-10)

Constitution of India, Article 226 – Conviction u/s 307 IPC -- Retiral benefits – Interest -- Once the punishment of stoppage of pension was set aside in appeal, the petitioner was entitled to receive all the retiral benefits and the gratuity and regular pension was required to be paid to him and could not have been withheld under the garb of pendency of the writ petition -- Since the petitioner attained superannuation in the year 2004, the gratuity and other retiral benefits which shall be released in his favour  would also carry interest at the rate of 9% per annum.

(Para 5-11)

A. Constitution of India, Article 226 – Daily wager -- Family pension -- Family pension is only admissible in case, a Government employee, who was working on a regular post and had a lien on the said post, either dies while in service or to a spouse of a pensioner -- Once on the date of the death of the husband of the petitioner, the husband of the petitioner was working on a daily wage basis, the claim that the petitioner is entitled for family pension is contrary to the Rules governing the service hence, the same cannot be accepted.

(Para 15)

B. Constitution of India, Article 226 -- Family pension – Daily wager -- Deemed regularisation – Husband of the petitioner never raised any grievance with regard to the regularization of his services during his service career, filing the present petition after 20 years of death of an employee with the prayer that the said employee should be treated as a regular employee by deemed regularization of his services so as to grant the consequential benefit of family pension to the petitioner, cannot be accepted -- Family pension can only be claimed in case the employee concerned was a regular employee either at the time of the death or was a pensioner at the time of death.

(Para 16)

Punjab Civil Services (Revised Pay) Rules, 1988 -- Third Punjab Pay Commission regarding proficiency step-up (PROP) -- Proficiency step-up scale – Regularisaiton of work charge employee – Counting of past service as work charge – Held, service rendered on work-charge basis prior to regularization of an employee is not to be counted for the purpose of grant of benefits like increment of proficiency step-up upon completion of 8 and 18 years of service etc., unless the rules/policies of the State specifically permits for the same -- Granting such benefits would have wide ramifications and would lead to multiplicity of litigation inasmuch as the persons who may have been appointed directly shortly before the petitioners were made regular would be drawing a lesser salary whereas the petitioners on the strength of their service rendered on work-charge basis would be drawing a higher salary -- Same would be an anomalous situation which should be avoided – Petition dismissed.

(Para 32-34)

Constitution of India, Article 310, 311 -- Departmental proceedings – Acquittal – Effect of -- Acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee -- Nature of proceedings being wholly separate and distinct, acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic discharge in departmental proceedings.

(Para 21-29)

Constitution of India, Article 14 – Withdrawal of technical pay scale after death of employee – Permissibility of -- It is a settled principle of law that no order can be passed against a dead person -- Dead employee is not available to defend himself/herself -- Even if any proceedings have been initiated against an employee and before the culmination of the said proceedings, the employee died, the said proceedings abate -- Any show cause notice pending against the late husband of the petitioner for the withdrawal of the pay scale, abate upon the death of the husband.

(Para 13)

Haryana Government instructions dated 06.05.2005 on Medical re-imbursement -- Medical re-imbursement – Treatment from unapproved hospital – Out of Rs.24 lacs spent, Rs. 10 lacs re-imbursed at PGI rates – No liver transplantation/ surgery from a dead donor was being conducted at PGIMER, Chandigarh at the relevant time and the said facility was only available at the hospital where the petitioner had undergone the said treatment – Calculation of the medical reimbursement on the basis of the PGIMER, Chandigarh rates is without any valid justification – Furthermore, where a claimant has actually undertaken the treatment and the factum of treatment is supported by the medical record duly certified by the doctor of the hospital and the same was in emergent situation, the medical claim is liable to be reimbursed – Respondents directed to reconsider the claim of the petitioner for remaining amount of Rs.14 lacs. Shiva Kant Jha’s case, CWP-694-2015 decided on 13.04.2018 relied.

(Para 8-12)

A. Code of Civil Procedure, 1908 (V of 1908), Section 11 Explanation IV -- Appointment as substitute primary teacher -- Constructive res-judicata – Issue of absorption as Assistant teacher -- In the earlier round of proceedings culminating in the order of the Court, this issue was never raised -- His claim for absorption as an assistant teacher in the Higher Secondary Section is clearly barred by constructive res judicata.

(Para 32)

B. Code of Civil Procedure, 1908 (V of 1908), Section 11 Explanation IV -- Constructive res-judicata -- Doctrine of constructive res judicata is based on the might and ought theory -- Doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to litigation and no party ought to be vexed twice in a litigation for one and the same cause.

(Para 34, 35)

C. Master Circular dated 29.01.1991, Clause 6 – Past service as substitute teacher – Counting of past service on obtaining status of Temporary – Interest on arrears -- Appellant will be entitled to take into account the past service rendered by him as substitute teacher in different spells, from the date of obtaining temporary status -- Appellant has superannuated now -- Pay of the appellant shall be re-fixed after granting continuity of service with all consequential benefits in accordance with Clause 6 of the Master Circular -- All the necessary increments and allowances due on that basis also should be granted -- Retrial benefits also should be consequently reworked -- Unpaid arrears amount be paid to the appellant with six percent interest from the respective dates the various amounts fell due.

(Para 44, 45)

Constitution of India, Article 311 -- Termination of service without inquiry – It is only under a few specified circumstances that inquiry may be dispensed with, which are either on account of conviction of an official or on account of it being impracticable to hold an inquiry or where the President or the Governor is satisfied that it is not in the interest of security of the State to hold such an inquiry -- No circumstances discerned from the facts which could justify dispensation of holding of any inquiry before dismissing the petitioner from service -- Impugned order passed by the Superintendent of Police dismissing the petitioner while dispensing with the inquiry is totally unsustainable -- Petition allowed, orders dismissing the petitioner from service set aside with the direction that the petitioner be reinstated in service and given all consequential benefits.

(Para 6-14)

Constitution of India, Article 226 – Writ petition -- Appointment of constable (GD) -- Impleadment of CISF as party – Direction to treat the height of petitioner as 170.2 cm and allow him to join the selection process -- Since Union of India & Ors. were party in the writ petition and CISF is under the Central Government and also the fact that Staff Selection Commission is the recruiting agency for conducting recruitment for the post in question, therefore, CISF is not the necessary party in the writ petition – Application of CISF for impleadment as well as review dismissed – Two weeks’ time granted to comply the directions.

(Para 11)

Constitution of India, Article 14 -- Lowering down of ACR – Non-communication of -- Promotion -- Rule of Natural justice -- Lowering down of the ACRs of the petitioner from “very good” to “average” would have to be conveyed to the petitioner giving the reasons for the same – It would require the respondents to give an opportunity of hearing to the petitioner after conveying the said remarks – Un-communicated adverse remarks cannot be taken into consideration while considering the case of an employee for promotion -- Adverse remarks remained un-communicated upto the date the promotion exercise was conducted -- Same, therefore, could not have been taken into consideration for denying the petitioner her promotion.

(Para 12, 13)

Constitution of India, Article 309 – Contractual employee – Right to be regularised -- Whether by working for a long period of time on contractual basis, the petitioners have acquired any vested legal right to be appointed in the respective posts on regular basis -- Court do not find any legal right in their favour to be absorbed.

(Para 3, 4)

Pension Regulations for the Army 1961, Rule 185 – Disability pension -- Medical Board which assessed the appellant clearly was of the opinion that there was no negligence on the part of the individual and the record was shown to the exemplary -- Only prejudicial factor that weighed with the Board, in forming the opinion that the disability was not attributable to service was his unwillingness to undergo surgery -- Permanent disablement was the cause of his discharge – Disability pension allowed in terms of Rule 185 for the period of 10 years after which re-assessment may be appropriately conducted in accordance with the rules -- Calculation of disability pension arrears and payments confined to three years before the time he approached the Tribunal, till date and for the relevant future period.

(Para 6-10

Central Civil Services (Pension) Rules, 1972, Rule 26 – Resignation from service – Joining to another job – Claim of pro-rata pension benefits from his erstwhile employer -- Petitioner resigned from Central Industrial Security Force (CISF) and joined the Hindustan Aeronautics Limited (HAL) – Duration of the service in CISF was around 13 years – Writ petitioner not applied for employment through proper channel with due permission of the competent authority of the CISF and instead applied directly to the HAL in his private capacity -- Held, forfeiture of service on resignation is the normal rule under Rule 26 of the CCS Pension Rules, however, resignation shall not entail forfeiture of past service if an incumbent applies for the new job, with proper permission of the authorities – Held, writ petitioner would be disentitled to relief.

(Para 2-4, 9, 19)

Constitution of India, Article 136, 310 -- Termination of services – Continuing on post due to interim order – Promotion thereafter -- Petitioner continued to function as temporary Collection Peon on the strength of an interim order passed in Special Appeal which was ultimately dismissed -- Therefore, any promotion given to the petitioner consequent to his continuance in service on the strength of the interim order would automatically fall to the ground once the Special Leave Petition is dismissed and the termination order attains finality.

(Para 11)

Constitution of India, Article 226 -- void ab initio Appointment – Continuation in service -- Right to salary -- Once the appointment of the appellant had been declared illegal and void ab initio, and was cancelled by the Director vide order dated 18.10.2001, the appellant could not legally continue in service thereafter, unless that cancellation order was set aside – Order never challenged -- Thus, the appellant had no legal right to continue in service -- No claim for payment of salary could be made for any period.

(Para 7, 8)

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), Section 2(b), 7A – Minimum Wages Act, 1948 (11 of 1948), Section 4 -- Determination of moneys due from employers – Basic wage Minimum wages -- Once the EPF Act contains a specific provision defining the words ‘basic wage’ (under Section 2b), then there was no occasion for the appellant to expect the Court to have travelled to the Minimum Wages Act, 1948, to give it a different connotation or an expansive one.

(Para 4)

Constitution of India, Article 226, 309, 311 -- Disciplinary proceedings against deceased employee – Recovery from leave encashment – Permissibility of -- Before the disciplinary proceedings could reach to its conclusion, the husband of the petitioner died -- Continuing the disciplinary proceedings after his death so as to hold him guilty of the allegations and to pass an order of punishment so as to recover money, cannot be sustained and is accordingly set aside --  Order against a dead employee is void – Petition allowed, respondents directed to release the amount of Rs.3,14,460/- along with interest @ 6% per annum from the due date till the actual payment of the same.

(Para 4, 12-15)

Central Civil Services (Pension) Rules, 1972, Rule 2(g), 17(2) – Contractual employee – Regularisation – Continuation of past service for pension -- Rule 17 was engrafted essentially to cater to the eventuality, where the employees working on contract basis were regularized at a later stage -- It is only for the purposes of pension that the past service as a contractual employee is to be taken into account.

(Para 9)

Punjab Revenue Patwaris Class III Service Rules, 1966, Rule 15 --  Constitution of India, Article 14 – Splitting of post of Patwari -- Junior Patwari – Senior Patwari – Different pay scale – Permissibility of – By notification post of Patwari split in two parts; Junior and Senior Patwaris and further different pay scales have been allocated to Senior Patwaris and Junior Patwaris as 1350-2400 and 950-1800 with different allowances by dividing the total number of posts of Patwari to 50% each – There is no bifurcation in the Rules of selection and appointment of Patwaris into Senior and Junior Patwaris -- Method of appointment is same for all Patwaris -- Seniority inter se members of the service is maintained district-wise and is to be determined by the length of continuous service – Question of delay raised -- Petitioners suffer continuous wrong -- Notification violates Article 14 of the Constitution of India as similarly placed persons have been classified differently without their being any basis -- Notification is thus, arbitrary and is accordingly quashed and set aside to the extent of dividing the Patwaris in two categories and granting two different pay scales -- All the petitioners will have to be placed in the higher pay scale of 1350-2400.

(Para 1, 9-19)

Constitution of India, Article 14, 226 – Code of Civil Procedure, 1908 (V of 1908), Section 34 -- Interest on arrears of salary/ pension -- Once, a similarly situated employee allowed the benefit of interest by the Department, the same needs to be extended to the mother of the petitioner also on the arrears of salary/pension -- Denial will amount to discrimination, which cannot be permitted – Petitioner held entitled for interest on the arrears which have already been released to the mother of the petitioner @ 6% per annum from the date the payment became due till the actual disbursement of the same.

(Para 6, 9-11)

Code of Civil Procedure, 1908 (V of 1908), Section 100 -- Probation of Offenders Act, 1958 (20 of 1958), Section 12 – Conviction of employee –Probation – Termination of service -- Appellant ordered to be released on probation of good conduct -- Employee cannot claim a right to continue in service merely on the ground that he has been given benefit of probation – Appeal dismissed.

(Para 2, 6)

Constitution of India, Article 226 -- Re-imbursement of Medical treatment expenses – Treatment at Government Hospital -- Total expenditure incurred on the treatment of petitioner is Rs.4,17,004/- -- Respondent-Department cannot restrict the reimbursement to Rs.1,10,044/- -- Implant which was used on recommendations of the Doctors, who conducted the surgery cost Rs.2,75,000/-, the said amount incurred by the petitioner cannot be deducted to mean that only Rs.45,000/- will be reimbursed -- Petition allowed and the respondents directed to reimburse the total medical bills submitted by the petitioner as verified by the Medical Superintendent of the Medical College.

(Para 8-12)

Industrial Disputes Act, 1947 (14 of 1947), Section 2(oo)(bb), 25H -- Bombay Industrial Employment (Standing Orders) Rules, 1959, Clause 4C, 32 – Standing order for employment -- Certified standing orders have a statutory force -- Standing Order implies a contract between the employer and the workman -- Employer and workman cannot enter into a contract overriding the statutory contract embodied in the certified Standing Orders -- A cumulative reading of clauses reveals that a workman who has worked for 240 days in an establishment would be entitled to be made permanent, and no contract/ settlement which abridges such a right can be agreed upon, let alone be binding -- The Act being the beneficial legislation provides that any agreement/ contract/ settlement wherein the rights of the employees are waived off would not override the Standing Orders -- Appellant-Union held entitled to all benefits per the Bombay Model Standing Order.

(Para 7-18)

Constitution of India, Article 226 -- Compassionate appointment to married daughter -- Source of earning of husband of the petitioner would have no reason for consideration while considering the application of the petitioner -- Petition allowed, respondents directed to consider the application of the petitioner for appointment on compassionate grounds, after death of her father -- If otherwise found suitable, appointment ordered to be offered to her.

(Para 6-8)

Constitution of  India, Article 16, 226 -- Appointment of PGT Teacher -- Reservation -- Firstly all the open category seats shall be filled then the individual category of any candidate and it is thereafter reserved category seats shall be filled – It is not the case of the respondents that the petitioner has taken any additional advantage of being belonged to the SC (R&O) category – Held, merit was required to be placed in the general category.

(Para 11, 13)

A. Constitution of India, Article 14, 16, 226 -- Appointment of Extension Lecturers from retired employee/ non-retired employee – Discrimination in pay – Sustainability of – Petitioners/ Retired employee are fully eligible for being appointed as extension lecturers and they are performing the same duties -- Held, payment of lesser remuneration to the retired teachers/petitioners amounts to practising discrimination against them and treating equals as unequals which cannot be permitted -- Respondents cannot shrink from the duty to pay equally for the same work done by them in compliance of the Constitutional mandate of equality enshrined in Articles 14 and 16 – Writ petition allowed.  

(Para 6)

B. Constitution of India, Article 14, 16, 226 -- Policy guidelines regarding engaging Eligible Extension Lecturers in Govt. Colleges purely on work requirement basis, dated 04.03.2020, Clause 11 -- Clause/paragraph 11 of the Policy dated 04.03.2020 is illegal being irrational and arbitrary – Clause 11 quashed.

(Para 6, 8)

Industrial Disputes Act, 1947 (14 of 1947), Section 10(1)(c), 17-A -- Industrial dispute -- Ex-parte award – functus officio -- Application for setting aside ex-parte award was rejected by holding that after the award become enforceable, the Labour Court become functus officio – Held, the Labour Court is not functus officio after the award has become enforceable as far as setting aside an ex-parte award is concerned – Order passed by Labour Court set aside.

(Para 13, 14)

Constitution of India, Article 136 -- Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 14 -- Retired employee as Enquiry officer – Permissibility of -- Disciplinary authority is empowered to appoint a retired employee as an inquiry authority -- It is not necessary that the inquiry officer should be a public servant -- Urged that disciplinary authority had not recorded specific reasons why a retired government servant was appointed to act as an inquiry officer – Argument rejected as a belated afterthought -- This submission should not be entertained before this Court, post the inquiry etc.

(Para 6)

A. Employees’ Compensation Act 1923, (8 of 1923), Section 2(1)(I), 4(1)(b) -- Total disablement – Functional disability -- If the disablement incurred in an accident incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement, the disablement would be taken as total for the purposes of award of compensation under section 4(1)(b) of the Act regardless of the injury sustained being not one as specified in Part I of Schedule I of the Act.

(Para 28)

B. Employees’ Compensation Act 1923, (8 of 1923), Section 2(1)(i), 4(1)(b) -- Total disablement – Functional disability --  On the basis of medical certificate provided by the Board, the Commissioner found the appellant unfit for labour inasmuch as there was complete loss of grip in appellant’s left hand -- Prior to the accident, the appellant worked as a loading/unloading labourer -- Such a task is ordinarily performed by using both hands -- When the Board had certified that the appellant was rendered unfit for labour, there was no perversity in the decision of the Commissioner in awarding compensation by treating the disability as total on account of her functional disability – Held, High Court erred  in assessing the disability as 40% instead of 100%, as assessed by the Commissioner.

(Para 29-31)

A. Employees’ Compensation Act, 1923 (8 of 1923), Section 30 – Appeal – Substantial question of law -- Appeal u/s 30 of the Act, can be maintained only when a substantial question of law is involved in the appeal -- Contentions that there was no relationship of employer and employee between the parties and the deceased was on a private visit and not on an official duty, the same cannot be considered as substantial question of law being factual issues.

(Para 8, 9)

B. Employees’ Compensation Act, 1923 (8 of 1923), Section 4A(3a) – Interest on compensation -- Contention that interest @12% per annum cannot be granted, held, in terms of sub-section-3(a) of Section 4A of the Act, simple interest @12% per annum is payable from the date of incident. Shobha’s case 2022 AIR(SC) 1410 relied.

 (Para 11)

C. Employees’ Compensation Act, 1923 (8 of 1923), Section 3 – Negligence of employee -- Section 3 of E.C Act does not create any exception of the kind, which permits the employer to avoid his liability if there was negligence on the part of workman – Contention that deceased died because of his own negligence, appellant/ employer cannot be held responsible for compensating the legal representatives of the deceased, rejected.

(Para 11)

Constitution of India, Article 226 -- Promotion as Assistant Engineer (Civil) – Pendency of criminal case -- FIR u/s 420, 467, 468, 471, 120B of IPC and Section 13(2) of the Prevention of Corruption Act – Result of the petitioner kept in sealed cover – Closure report by Police in FIR – Held, sealed cover procedure was wrongly adopted by the respondents – Writ petition allowed, respondents directed to open the sealed cover and in case the petitioner is found eligible for promotion, all consequential benefits shall be given to him from the due date.

(Para 3-5)

Punjab State Education Class III (School Cadre) Service Rules 1978 -- ETT teacher -- Promotion to the post of Hindi Master – In terms of the circular, those employees of JBT/ETT cadre who are regular up to the cut-off date (for Hindi, it is 31.12.2006), would be entitled for consideration – Qualification required as on date of consideration -- Petitioner passed B.Ed examination on 23.08.2007 and when the case of the petitioner was to be considered i.e. in 2015, he possessed the requisite educational qualification – Respondent treated the cut off date for qualification as of regularisation – Held, denial of consideration for promotion to the petitioner is wrongful and unjustified -- Respondents directed to consider the case of the petitioner on the post of Hindi Master and if otherwise found suitable, promote petitioner from the date his juniors with all consequential benefits.

(Para 7-12)

A. Employees’ Compensation Act 1923 (8 of 1923), Section 4, 4A – Compensating to employee -- Employer commits a default in making the payment of compensation within one month from the date it fell due i.e. date of accident -- Commission is under an obligation to direct the employer to pay in addition to the amount of compensation, the simple interest @ 12% per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank -- Commissioner if finds that there is no justification for the delay, it shall direct the employer to pay in addition a further sum not exceeding 50% of such amount by way of penalty -- Commissioner omitted to consider the claim of the workmen for payment of interest -- Employer failed to meet its obligation u/s 4 of the Act – Workmen held entitled to interest @ 12% per annum on the amount of compensation adjudicated by the Commissioner w.e.f. 26th July, 2004, i.e., the date of accident -- Penalty of 10% of the awarded amount also imposed upon employer.

(Para 24-29)

B. Employees’ Compensation Act 1923 (8 of 1923), Section 4, 4A(3) -- Interest and penalty – Liability of employer/ Insurer -- Liability to pay interest or penalty u/s 4A(3) -- Insurance contract to indemnify the employer in respect of payment of compensation cannot ipso facto extend to the payment of interest and penalty, unless there is a specific contract of insurance between the employer and the insurer.

(Para 25)

Constitution of India, Article 226, 227 – Delayed payment of arrears -- Writ petition claiming interest -- Petitioner was paid arrears of Rs.8,44,618/- for the period from 06.11.2017 to 05.01.2020 in September 2021, with a delay of 20 months -- In writ jurisdiction, direction given to respondent to consider and decide legal notice and pass a speaking order within 03 months.

(Para 1-4)

Haryana Compassionate Assistance to the Dependent to the Deceased Employee Rules 2006 -- Deemed regularisation – Compassionate appointment -- Husband of Petitioner regularized on service, however implementation was deferred due to pendency of some writ petition and also in view of his seniority position -- Before implementation of regularization, husband expired -- Husband of petitioner has to be treated as a regular employee in service at the time of his death and one of the petitioners is entitled for the benefit of compassionate assistance under the Policy of 2006 -- Writ petition disposed of by directing the respondents No.2 to consider the case of the petitioners in accordance with law and do the needful preferably within a period of three months from the date of receipt of certified copy of the order.

(Para 16-18)

Hindu Succession Act, 1956 (30 of 1956), Section 8 -- Indian Succession Act, 1925 (39 of 1925), Section 372 – Retiral benefits of deceased employee – Legal heirs -- Succession certificate -- Deceased nowhere mentioned in his entire service record of the petitioner being his wife – Retiral benefits can be settled only after a competent Civil Court gives a declaration -- Procedure for obtaining succession certificate in this regard has been laid down under the Indian Succession Act, 1925 as well as Hindu Succession Act, 1956 -- Petitioner would have to get the said competent declaration from the competent court.

(Para 4, 6)