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)

Constitution of India, Article 226 -- Interest on the amount of Contributory Pension Scheme Fund – Amount released to the petitioners pursuant to death of their husbands – Petition disposed, with a direction to DGP to consider legal notice and to decide the same in light of ratio of judgment of the Court in CWP-35361-2019 titled as Constable Bikramjit Singh and others Vs. State of Punjab and others expeditiously preferably within a period of four weeks.

(Para 1-5)

A. Constitution of India, Article 226, 227 -- Abolition of post -- An employer has the sole discretion to decide as to whether a post is to be retained or abolished -- Ground for discontinuation of services is that there was poor intake of students which would warrant no interference by the court -- It is not for High Court to decide what would be an adequate number of students to justify the retention of a teacher.

(Para 13)

B. Guru Gobind Singh Inderprasth University Act, 1988 (9 of 1988), Section 22 -- AIT Service Rules, Rule 20.2 -- Termination of services -- Show cause notice -- Violation of Act/ Rules -- Institute has flouted the Service Rules with great impunity as the Service Rules itself provide for three months’ notice in terms of Rule 20.2 of AIT Service Rules, but Section 22 of the Act of 1988 to which the Institute was affiliated, provided for a show cause notice to be issued before termination which procedure was never followed -- Since there was a violation of Section 22 of the Act of 1988, the termination is illegal and is set aside as well as the order of the Tribunal -- Consequently, respondent No.2 which stands merged with respondent No.3 directed to reinstate the petitioner forthwith with all notional benefits -- In case the petitioner seeks arrears of salary, the respondents would be at liberty to seek information on whether the petitioner had been gainfully employed during the pendency of these proceedings and take an appropriate decision -- Entire exercise regarding entitlement of arrears of salary be completed expeditiously, preferably within a period of three months on the demand being made.

(Para 13)

A. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Industrial dispute – Back wages -- Gainfully employed – Burden of proof -- Initial burden is on the employee to come out with the case that he was not gainfully employed after the order of termination -- An assertion on oath by the employee that he was unemployed, may be sufficient compliance in the absence of any positive material brought on record by the employer.

(Para 7)

B. Industrial dispute – Reinstatement in service – Back wages -- Even if Court passes an order of reinstatement in service, an order of payment of back wages is not automatic -- It all depends on the facts and circumstances of the case.

(Para 9)

C. Industrial dispute – Reinstatement in service – Back wages -- Removal w.e.f. 14th June 1996 – Re-instatement on 23rd July 2009 -- Not possible to accept that for the entire period of thirteen years, the appellant had no source of income -- Respondent has not come out with the case that from the date of his removal from service, the appellant had another source of income -- Appellant establishing that he was unemployed till August 1997 -- Gross salary of the appellant on the date of reinstatement was Rs.18,830/- and on the date of removal, his salary was approximately Rs.4,000/- per month – Rs.3 lakhs ordered to be paid to the appellant in lieu of back wages – If Rs.3 lakhs not paid within two months, the said amount will carry interest @ 9% per annum from the date of reinstatement in service.

(Para 1, 4, 10, 11)

Constitution of India, Article 226, 309 -- Punjab Civil Service (Punishment and Appeals) Rules, 1970, Rule 9 – Departmental proceedings -- Re-inquiry – Retiral benefits -- “Whether it is permissible to hold a departmental inquiry after the competent officer has closed the departmental proceedings based on the inquiry report?” – Held, there is no provision in the rules that allows for a re-inquiry after the charges have been dropped by the competent authority in a detailed order -- Principal Secretary has not recorded his reasons to justify such re-inquiry – Writ petition allowed and the impugned orders set aside -- Petitioner is a physically disabled person and on attaining the age of superannuation, retired, hence, the respondents directed to recalculate and release the pensionary benefits of the petitioner in accordance with law within a period of next two months.

(Para 10-13)

Constitution of India, Article 226, 227 -- Termination of services – Punishment u/s 354/ 448 of Ranbir Penal Code -- Contention that during service, the petitioner was adorned with 30 rewards including 4 Commendation Cards and punishment of termination of services is harsh and is disproportionate to the alleged offence – Petition disposed of, punishment set aside, matter remanded back to the competent authority to pass afresh order qua quantum of punishment.

(Para 2-4)

Constitution of India, Article 14 – Regularisation of services – Consequential benefits – Discrimination -- 65 persons were found entitled to be regularized -- Act of regularizing the services of only 35 employees and not regularizing the services of other employees is patently discriminatory and violative of Article 14 of the Constitution of India -- Services of the appellants directed to be regularized from the date on which the services of other 35 employees were regularized and the backwages and other consequential benefits etc., to which the appellants would be entitled to, shall be paid to them within a period of six months.

(Para 10-13)

A. Industrial Disputes Act, 1947 (14 of 1947), Section 10(1)(d), 25F -- Award of  Industrial Tribunal – Challenge to – Management was not assailing the Award to the extent of directing reinstatement in service and payment of back wages in LPA – Held, it is not open to the management to raise the same before Supreme Court -- Appeal filed by the management of FCI raising these issues dismissed.

(Para 9)

B. Industrial Disputes Act, 1947 (14 of 1947), Section 10(1)(d), 25F -- Award of  Industrial Tribunal – Challenge to – Implementation of award – Effect of -- Management of FCI filed a writ petition challenging the Award having secured conditional interim relief, chose to implement the impugned Award though it was under no compulsion to do so -- Management absorbed them in regular service – Such absorption in service was not at all required under the interim order and was, therefore, squarely attributable to the will and volition of the management of FCI itself -- Its somnolence, thereafter, in taking timely measures for expeditious disposal of the writ petition compounded the matter further, leading to the passing of 18 long years -- Held, having allowed the workmen to put in regular service to its own benefit for over two decades, the management can no longer claim an indefeasible right to continue with and canvass its challenge to the Award, merely because it made its compliance with the Award conditional long ago – Appeal dismissed.

(Para 15-17)

Constitution of India, Article 14, 226 -- Contractual employees -- Regularisation of service -- Class-IV Helpers in Regional Hospital completed more than eight years of service – Services of similarly situated persons, whether initially appointed by Govt. or Rogi Kalyan Samiti had been regularised as per policy of government -- Denial of the relief to the petitioner would amount to sheer discrimination among similar situate persons, which is not permissible under law – Writ allowed, respondents directed to regularize the services of the petitioners strictly as per policy.

(Para 1-6)

Constitution of India, Article 226 – Regularisation of services -- Writ jurisdiction -- Delay and laches -- Impugned order dated 18th July, 2019 – Tribunal allowed O.A. and directed the petitioner to regularize services of the respondent on completion of eight years continuous service with all consequential benefits in accordance with law within two months, while restricting the actual financial benefits to three years prior to filing of O.A -- Challenging the same, writ petition preferred on 24.05.2023, without offering any explanation for the delay in filing the same – Delay not explained satisfactorily -- Writ petition dismissed on the ground of delay and laches.

(Para 1-7)

Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952, Rule 6, 7, 7A -- Constitution of India, Article 14 -- Termination of service – Violative of rule of natural justice – Re-instatement after age of superannuation – Notional benefits -- Services of the petitioner were terminated, without any notice and reason, by invoking clause 3 of the appointment letter and that too, after the petitioner had worked for 15 years, without any complaint made against him -- Writ petition allowed and consequently orders terminating the services and dismissal of appeal set aside – Petitioner ought to have attained the age of superannuation, deemed to be reinstated from the date of his termination and will be entitled to all notional benefits i.e. pension, gratuity, leave encashment etc., as per relevant service Rules.

(Para 1, 8-11)

Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 (as amended in 2001), Entry 66 –Additional list/ waiting list – Appointment from – Enlistment of name in the Additional List neither creates a right nor a co-relative obligation for appointment -- High Court committed an error in directing the State to give effect to the Additional List and appoint the respondent – Appeal allowed and the decision of the High Court set aside.

(Para 1, 9-13)

Constitution of India, Article 226, 311 -- Disciplinary proceedings -- Scope of judicial review – Punishment order passed by department upheld in writ petition – In LPA punishment order against respondent no.1 was set aside -- Division Bench of the High Court proceeded to reappreciate the entire evidence as if conviction in a criminal trial was being re-examined by the next higher court -- There was no answer to the finding recorded by the Inquiry Officer in the Inquiry Report that the changed form of quotation contained original signature of respondent no.1 -- The fact that this “Form of quotation” was changed is not in dispute -- When the changed form of quotation also contained signature of respondent no.1, it clearly established his involvement in the tampering of document -- This fact has not even been noticed by the Division Bench of the High Court – Appeal allowed, impugned order passed by the Division Bench set aside.

(Para 3, 7, 8)

Constitution of India, Article 226 – Appointment of Supervisor -- OBC category candidate – Applied as General category candidate – Petitioner was interviewed as a General category candidate and remained unsuccessful as a General category candidate -- Petitioner was not in possession of OBC certificate at the time of applying for the posts – She did not take any legal step for getting the OBC certificate at the relevant time or for consideration of her candidature under OBC category -- Having participated in the selection process through out as a General category candidate and allowing the selection process to culminate, petitioner now cannot be heard to complain that her candidature was required to be considered under OBC category -- Writ petition dismissed.

(Para 2, 5)