#service continuity

The Cuttack Bench of the Central Administrative Tribunal ruled that service rendered in the Karnataka-Goa charge from 27 Sept 2012 to 3 Aug 2014 must be credited towards seniority for promotion to Senior Tax Assistant and Income Tax Inspector. This overturns the 1990 CBDT guideline that excluded such service after a compassionate inter-charge transfer, benefiting non-gazetted income-tax officers seeking promotion after moving between charges.

The Rajasthan High Court has ruled that an employee’s prior service with Ajmer Vidyut Vitran Nigam Limited (AVVNL) must be counted for pay protection and seniority benefits upon joining a state government department, reinforcing that public sector transfers cannot arbitrarily erase accrued service rights. This sets a critical precedent for thousands of utility employees transitioning to state posts, ensuring equitable treatment under service rules and preventing loss of earned benefits.

The Bombay High Court has ruled that delaying approval of a government appointment years after service began violates Article 14 and constitutes administrative arbitrariness. The court mandated immediate correction of the approval date to match the original appointment date and ordered payment of full salary arrears, reinforcing that procedural delays cannot deprive employees of rightful benefits.

Rajasthan High Court upholds the continuation of guest faculties under the Vidya Sambal Yojna at Rs. 800/hour until regular appointments are made, reinforcing job security and honorarium rights. The ruling sets a binding precedent for similar schemes, impacting thousands of guest educators across Rajasthan.

The Kerala High Court has ruled that construction workers whose service was terminated without formal order may continue working until the Welfare Board decides their representation, affirming legitimate expectation when no replacement has been appointed. This sets a critical precedent for informal workers relying on de facto employment stability under administrative law, reinforcing natural justice beyond strict procedural compliance.

Allahabad HC rules that daily wagers with continuous service since 2004 are entitled to a minimum pay scale of Rs. 18,000/month under the Office Memo dated 24.09.2024, directing payment within eight weeks. The judgment underscores that administrative breaks do not negate entitlement to minimum wages for long-serving daily wagers.

The Rajasthan High Court has ruled that when a public employee is reinstated with notional seniority, they are entitled to all consequential benefits-including pay scale revisions, ACP promotions, and incremental hikes-from the original date of termination, even if back wages are denied. This sets a critical precedent for thousands of government employees across Rajasthan whose service continuity was disrupted by unlawful termination.

The Andhra Pradesh High Court has ruled that long-standing regularization of a Devasthanam Attender after 14 years of continuous service creates a legitimate expectation protected under administrative law, and cannot be undone by post-facto cancellation on procedural technicalities. This strengthens the rights of public servants with prolonged, authority-sanctioned service, even in non-standard posts, reinforcing that administrative finality must respect entrenched service history.

Orissa High Court rules that employees transferred under nationalization laws retain statutory pension rights under the Burmah Oil Act, 1981, irrespective of temporary or conditional appointment terms. The judgment reinforces that statutory protections prevail over contractual stipulations, ensuring continuity of pensionary benefits for affected workers.

Rajasthan High Court holds that a shift in government outsourcing policy cannot abruptly terminate long-term contractual workers without offering reemployment or following due process. The ruling reinforces pay protection and procedural fairness, mandating that policy changes respect workers' legitimate expectations under service law.

Bombay High Court holds that pensionary benefits, once earned through service, cannot be withheld due to post-retirement caste certificate invalidation. The ruling protects retirees from administrative actions taken after superannuation, reinforcing the principle of service continuity and vested rights under service law.

Bombay High Court rules that Primary Ashram Schools do not fall under the definition of 'private schools' under the MEPS Act, thereby excluding their employees from invoking the School Tribunal's jurisdiction. The decision underscores the statutory exclusion of certain educational institutions from employment dispute resolution mechanisms.

Punjab & Haryana HC rules that reinstatement following a quashed dismissal order must restore the employee to their original post, not a lower rank, and mandates full retroactive benefits including continuity of service. The judgment reinforces that supersession or reversion orders cannot dilute reinstatement rights under service law.

Meghalaya High Court rules that failure to issue formal disengagement orders to retired Home Guards after 36 years of service violates principles of equity and fairness, entitling them to ₹1 lakh compensation each. The judgment underscores that procedural lapses cannot deprive employees of rightful dues, even in the absence of a formal employment contract.

The Rajasthan High Court ruled that service in one establishment cannot be counted toward eligibility for Works Committee elections in another, even under the same employer, unless the establishments are functionally integrated. This holding reinforces the establishment-specific nature of eligibility under Rule 44 of the Industrial Disputes (Central) Rules, impacting employees seeking election in multi-unit organizations.