Digi - Legal Insights

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.

Scope of Director Disqualification - Disqualification as a director under the Goa Co-operative Societies Act applies only to the concerned society unless expressly extended.

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.

Service benefits - Denial of benefits to petitioners while granting the same to similarly situated employees is arbitrary and violative of Article 14.

Recruitment process - High Court cannot act as appellate authority over assessment made by expert selection committee in recruitment process.

Recovery of dues at retirement - No rigid formula exists for recovery of dues at retirement; timing of undertaking is a crucial factor.

Recovery of excess amount of provident fund - No vested right exists to retain excess amount mistakenly paid from public funds.

Recovery of excess amount - Recovery of excess payment cannot be made unless misrepresentation or fraud by the employee is established.

Maternity Benefits - Denial of benefit on ground of temporary appointment is illegal and violative of statutory and fundamental rights.

Absorption in service - Employee must establish enforceable right to absorption in Government service after retrenchment.

Regularization of service - Daily wage workers of Municipal Council entitled to regularization under settlement accepted by State Government - Impugned orders set aside - Petition allowed.

Reservation in professional courses - 3% quota for wards of Central/ State Govt. employees and private occupations (CSP category) under Clause 5.7 of DTE Prospectus held unconstitutional and violative of Article 14 - Reservation quashed - Petition allowed.

Pensionary benefits - Delay in release of pension and GPF due to administrative lapses held unjustified - Withholding on basis of decades-old withdrawal disproportionate - Interest at 6% p.a. awarded on delayed amounts - Petition allowed.

Recruitment and promotion - Vacancy of LDC in aided school must first be considered for promotion from Group D employees through DPC - Direct recruitment permissible only if no eligible candidate available - Petition allowed.

Service law - Failure to clear mandatory Screener Certification Course twice justified initiation of minor penalty - No procedural infirmity in penalty of ‘Censure’ - Petition dismissed.

Revised pay scale - Group ‘D’ employees completing training in 2010 entitled to revised pay scale under 6th and 7th Pay Commission with notional fixation from training date and arrears from 01.01.2016; retrospective benefits from appointment date denied due to delay and acquiescence.

Maternity benefits - Under Section 27 of the Maternity Benefit Act, 1961, central law overrides inconsistent service rules; denial of paid maternity leave to temporary government servants is unlawful and discriminatory.

Recruitment process - Rejection of candidature on account of clerical error in application form, despite clear proof of eligibility in academic records, is unjust; candidature must be considered to avoid injustice.