Constitution of India, Article 226 -- Removal from service – Leave encashment – Right of -- Leave encashment is admissible only at the time of retirement and not at any time before attaining the age of superannuation -- An employee, who has been removed from service, is not entitled for the grant of leave encashment – Writ petition dismissed.

(Para 7-11)

Service matter – Correction in date of birth – If a particular date of birth is entered in the service register, a change sought cannot be entertained at the fag end of service after accepting the same to be correct during entire service.

(Para 11)

Industrial Disputes Act, 1947 (14 of 1947), Section 10(1)(c) -- Petitioner/ Conductor misused the official capacity and caused loss to the Government to the tune of Rs.65.60/- by not issuing tickets -- Dismissal from service by Roadways – Industrial dispute raised – Workman held entitled to reinstatement with benefit of continuity of service -- His period of absence i.e. from the date of termination from the service till the passing of the earlier award or reinstatement in the service, would be treated as leave of the kind due -- However, he would not be entitled to any back wages -- Pay scale of the petitioner would be reassessed accordingly and all the consequential benefits would also be extended to him within four months.

(Para 3, 9, 10)

Service matter – Limitation -- Order of stoppage of three annual increments of the appellant with cumulative effect was passed on 14.06.1980, whereas suit for declaring the said order illegal, null and void was filed on 29.08.1988 after a period of eight years – Suit is hopelessly time barred – Suit dismissed.

(Para 1, 15)

A. Kerala Co-operative Societies Act, 1969 (Act 21 of 1969), Section 69 -- Maternity Benefit Act, 1961 (53 of  1961), Section 2(1), 3(e), 20 – Co-operative Society/ Hospital – Establishment -- Petitioner being a Society and a hospital would answer the definition of 'establishment' under the Maternity Benefits Act -- Petitioner is liable to maintain registers and records provided under Section 20 of the Maternity Benefits Act and the Rules framed thereunder.

(Para 19)

B. Kerala Co-operative Societies Act, 1969 (Act 21 of 1969), Section 69 -- Kerala Industrial Establishments (National and Festival Holidays) Act,  1958 (47 of 1958), Section 10 -- Co-operative Society/ Hospital – Establishment -- Petitioner being a Co-operative Society and a hospital comes within the ambit of 'establishment' under the Festival Holidays Act -- Petitioner is bound to maintain the registers and records under the Festival Holidays Act.

(Para 20)

C. Kerala Co-operative Societies Act, 1969 (Act 21 of 1969), Section 69 -- Kerala Industrial Establishments (National and Festival Holidays) Act,  1958 (47 of 1958), Section 10 -- Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) -- Maternity Benefit Act, 1961 (53 of  1961) -- Minimum Wages Act, 1948 (11 of 1948) -- Co-operative Society/ Hospital – Benefits to employees – Labour laws -- Provisions of the Kerala Shops and Commercial Establishments Act, 1960, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961 and the Festival Holidays Act, deal with enforcement and inspection of various welfare and social security measures for employees which are not essentially covered by the provisions of the Kerala Co-operative Societies Act and Rules -- Fact that the conditions of service of employees of Co-operative Societies are governed by the Co-operative Societies Act, will not make the provisions of the aforesaid labour legislations inapplicable to Co-operative Societies -- Employees of the Co-operative Societies are entitled to the benefits of the said labour legislations.

(Para 21)

Service matter -- Delay in pensionary benefits – Interest – Exoneration in departmental proceedings -- Punishments imposed after culmination of the disciplinary proceedings were held to be bad and the said punishment was set-aside -- Held, once, the appellant-plaintiff has been exonerated of the allegations alleged against him, he cannot be denied the benefit of interest so as to compensate the withholding of the pensionary benefits – Interest @ 6% per annum on leave encashment, commuted pension as well as gratuity from the date liable to be released i.e. 01.05.2008 till the actual payment awarded.

(Para 10-13)

A. Service matter -- Adhoc service -- Selection grade -- Adhoc service rendered by an employee cannot be taken into account for fixing his salary or grant of selection grade.

(Para 6)

B. Service matter -- Recovery from retired employee – Excess amount paid in view of judgments passed by Courts below – Setting aside of judgments – Effect of -- Recovery from the retired employee is covered under the category of hardship and has been made impermissible --  Respondent-plaintiff has already retired and is drawing pension as a pensioner -- Despite the fact the judgments of the Courts below have been set aside, the benefit already extended ordered not to be recovered.

(Para 9, 10)

UCO Bank (Employees’) Pension Regulations, 1995, Regulation 14, 18 – Pension -- Minimum 10 years of service for pension – Broken period of service of less than one year -- Interpretation of – Petitioner rendered 9 years 10 months and 5 days of service --   In terms of substantive provision of Regulation No.18, service rendered by the respondent has to be reckoned as 10 years on the date of his retirement -- Appellant Bank cannot be permitted to take shelter behind proviso to this regulation to contend that such computation of service shall not be applied for determining eligibility for pension -- A right/ benefit vested/ bestowed in the employee under substantive provision of Regulation cannot be taken away by its proviso – Respondent/ writ petitioner held qualified for pension.

(Para 1-3)

Constitution of India, Article 226, 227 -- Medical reimbursement – Treatment at unapproved hospital – After an accident, the petitioner went to Government Hospital from where he was referred to PGIMS Rohtak being in critical condition – Petitioner got shifted from PGIMS Rohtak to a private hospital because of want of ventilator, which was a lifesaving device – Petitioner was put on ventilator and his life was saved -- Legitimate rights of reimbursement cannot be defeated -- Respondent-Nigam directed to pay the balance of the medical reimbursement to the petitioner within a period of two months.

(Para 6-8)

Constitution of India, Article 226, 227 -- Service matter -- Show cause notice – Writ jurisdiction -- Charge-sheet or the inquiry proceedings cannot be challenged unless there is some adverse order passed in pursuance to the said inquiry proceedings -- Ordinarily no writ lies against the show-cause notice and the writ petition cannot be entertained as a matter of routine.

(Para 6)

Constitution of India, Article 226 -- Recovery of excess pensionary benefits – Undertaking by employee -- Rs.10,40,830/- was paid to the petitioner beyond her entitlement – Where there is an undertaking given allowing the authorities to recover the excess payment, the recovery of the excess amount paid can be done -- Where the pension has been rectified, the recovery is also permissible -- No ground for any interference qua the recovery of the amount – Writ petition dismissed.

(Para 11, 15)

Punjab Police Rules, Rule 16.21 -- Absence of constable from duty during suspension – Punishment of stoppage of three annual increments with permanent effect -- Trial Court set aside the orders passed by the authorities -- Appeal filed by the State was dismissed – Division  Bench in State of Punjab Versus Constable Daljit Singh, 1998 (2) S.C.T. 29’s case, held that the rule is clear and categoric and it requires a Constable to remain present in the lines during suspension -- Respondent/ plaintiff absented from duty for a period of 16 days during suspension – Judgments and decrees passed by the both the Courts below set aside and the suit filed by the plaintiff/ respondent dismissed.

(Para 3-11)

Constitution of India, Article 14 -- Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001, Rule 21 -- Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Regulation, 2017, Rule 12 -- Appointment of District judges – Midway change of the Rule -- Minimum marks in interview required 30% -- Changed to 50% aggregate marks by Full court resolution -- High Court administration is seeking to deviate from the Rules, such departure is impermissible -- Precluding a candidate from appointment is in violation of the recruitment rules without there being a finding on such candidate’s unsuitability, such an action would fail the Article 14 test and shall be held to be arbitrary -- If the High Court is permitted to alter the selection criteria after the performance of individual candidates is assessed, that would constitute alteration of the laid down Rules -- Writ petitions allowed by directing the High Court to make recommendation for those candidates who have been successful as per the merit or select list, for filing up the subsisting notified vacancies without applying the Full Court Resolution that requires each candidate to get 50 per cent aggregate marks.

(Para 9-25)

Service matter -- Stoppage of one annual increment – Limitation – Order of stoppage of one annual increment of the respondent with cumulative effect was passed on 19.12.1983, whereas suit for declaring the said order void abinitio, illegal, beyond the scope of rule of natural justice and the service rules was filed on 13.01.1990 i.e. after a period of more than six years, which is hopelessly time barred.

(Para 15)

Medical re-imbursement – Unapproved hospital – Emergent situation -- PGI rates -- Once a person is suffering from a disease like cancer, any sudden development in health can turn the situation in a critical situation -- Patient cannot wait to seek approval from the Medical Board -- Once, a particular hospital starts the treatment, then shifting of the treatment in between is also not advisable – Wife of the petitioner was suffering from cervical cancer --  Medical reimbursement for treatment taken in an unapproved hospital ordered to be approved at PGI rates.

(Para 7-10)

Punjab Police Rules, 1934, Rule 16.3 – Departmental proceedings – Acquittal in criminal case -- Acquittal from criminal proceedings does not automatically entitle immunity from departmental action -- A police officer may be subjected departmental punishment despite acquittal in criminal proceedings as per exceptions carved out in Rule 16.3 of Punjab Police Rules, 1934 -- If acquittal is not based upon exceptions carved out in Rule 16.3 of Punjab Police Rules, 1934, a police officer is entitled to immunity from departmental action -- Appellate authority failed to advert with Rule 16.3 while passing order, the impugned order set aside -- Appellate authority directed to pass afresh order within three months from today.

(Para 8, 9)

A. Constitution of India, Article 226 – Challenge to illegality in selection – Participation in selection process – Effect of -- By participating in the process petitioner accepted the procedure for selection, and not the illegality in it that arises on account of wrong implementation of the rule of reservation – Held, petitioner cannot be precluded from the challenging the stated illegality in the selection process by filing the petition.

(Para 6)

B. Constitution of India, Article 226 – Challenge to illegality in selection – Non impleading the cleared candidates – Ground of -- No right has been conferred upon such candidates pursuant to clearing the screening test in their respective categories -- Outcome of the petition will only determine as to whether the rule of reservation is being correctly followed for the selection in question -- It will not adversely affect rights of the candidates in any manner as they are still to participate in the process of selection -- Therefore, they need not be impleaded as parties to the petition.

(Para 7)

C. Constitution of India, Article 14, 16, 226 – Rule of migration in reservation -- Meritorius candidate -- Reserved to unreserved category -- Merit of a reserved category candidate will have to be recognised and in case he/ she is entitled to an un-reserved post, it cannot be denied -- If a candidate is categorised resulting in his/ her ouster from the process of selection before the final merit list is drawn, it will deprive such a candidate from being considered against open/ un-reserved posts on merit -- This flies in the face of the rule of reservation, and cannot be permitted -- There is no justification to categorise the candidates for shortlisting and during the process of selection as, firstly, it compromises merit and, secondly, militates against the rule of migration in reservation.

(Para 8.4-8.6)

Limitation Act, 1963 (36 of 1963), Article 113 -- Disciplinary authority order – Challenge to – Limitation – Disciplinary authority ordered stoppage of one increment with cumulative effect vide order dated 12.04.1984 -- Appellant filed the suit on 18.08.1990, to challenge the correctness of order -- Trial Court held that the order passed by the disciplinary authority is void ab initio and therefore, there is no limitation for filing of such suit, however, the First Appellate Court held that the period of limitation for filing such suit is three years under Article 113 of the schedule attached to the Limitation Act, 1963 – No ground to interfere – Appeal dismissed. State of Punjab and Others v. Gurdev Singh (1991) 4 SCC 1 relied.

(Para 1, 5-9)

Punjab Civil Services Rules (as applicable to Haryana), Rule 3.17 (A) -- Adhoc service – Benefit for pensionary benefits -- Petitioner granted benefit of service, which the petitioner had rendered on adhoc basis to be counted as qualifying service for the grant of pensionary benefits -- Respondents to recalculate the pensionary benefits of the petitioner along with the arrears and the same be released to him within a period of two months.

(Para 7-19)

A. Constitution of India, Article 226 – Delay in salary – Interest thereupon -- Petitioner was not paid his salary for the period from July, 1992 to August, 1999 and the said salary released only vide cheque dated 05.04.2001 – Held, a person who is performing his duties has a right to receive his salary as and when it is due -- Withholding such salary would be unjustified and interest thereto is required to be paid to the petitioner -- Respondents directed to release the interest on the due salary @12% p.a. as it existed in the year 2001.

(Para 7, 8)

B. Constitution of India, Article 226 – Delay in gratuity – Interest thereupon -- Gratuity payment, which was required to be paid in the year 1999, has been paid to the petitioner in February, 2020 -- Interest thereto @ 9% p.a. will have to be paid, as the amount has been wrongfully kept by the respondents with them to which the petitioner was entitled at the relevant time.

(Para 9)

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)

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)