Digi - Legal Insights

Completion of an apprenticeship does not automatically lead to preferential treatment in recruitment, as all candidates must meet employers selection criteria for permanent positions.

Order of Dismissal from Service passed by Respondent No.2-Deputy Inspector General (Pers) is quashed and set aside however, liberty granted to Respondent-Department to hold de novo inquiry on Charge Article (II) and (III) if so they desire.

Proposals for appointment approvals, transfers, promotions, grant-in-aid vacancies, or inclusion in Shalarth system must be decided within 60 days of submission.

Court emphasizes need for competent authority to properly evaluate documents and make a determination on matter, leading to decision for remand for reconsideration.

Alleged excess payments were made by Respondents during his service hence, recovery sought after retirement was deemed impermissible under law.

Order lacked legal authority and violated established protocols, reflecting negligence in adhering to governmental policy, resulting in unnecessary administrative burdens and impugned order was deemed arbitrary and is subject to annulment under Article 226 of Constitution.

Petitioners dispute is solely about salary scale and does not meet specific statutory conditions for appeal therefore, claim lacks jurisdictional basis and cannot be entertained.

Previous School Tribunals order was deemed indefensible and set aside, granting Petitioner seniority and related benefits from specified date, with implementation required within three months.

Refusal to approve appointment from its inception cannot be sustained and Education Officers order should be modified.

Impugned Order from December 11, 2025, affirming seniority list dated September 11, 2024 set aside, while stipulating that one Petitioners promotion is contingent on pending Supreme Court outcomes.

No evidence that Petitioner held sanctioned sweeper post in Nagar Panchayat or was ever regularized there therefore, conditions for applying Lad-Page recommendations are not met and Petitioners claim for compassionate appointment fails.

Petitioner remains employed but has suffered debilitating brain stroke, rendering him nearly bed-ridden and eligible for benefits under 2016 Act due to acquired disability.

Charges, particularly for violation of Rule 146.4, stemmed from registered crime against Petitioner and none of his actions related directly to his official duties or obligations, with sufficient explanations for any non-disclosure of personal matters hence, impugned order set-aside and Respondents shall reinstate Petitioner on his original post.

Shalarth System was implemented by Government of Maharashtra to manage salary disbursement for private school employees hence, those employees, with appointments approved by Education Officer are eligible for Shalarth Identity.

Petitioner, moving from Laboratory Assistant to Shikshan Sevak, is entitled to regular pay scale for teaching position and prior approval for an honorarium must be corrected to reflect this entitlement.

Respondent authorities have not claimed any wrongdoing by Petitioners regarding conferral of these pay benefits hence, recovery made by Respondents from Petitioners is to be returned within 45 days of receiving order.

Petitioner can approach Grievance Redressal Committee as per Government Resolution dated 27th March 2024 for addressing grievances from Writ Petition and they must submit grievance along with all relevant documents and judicial support for their claim.

Authorities are criticized for hyper-technical approach that violates Article 14 of Constitution by failing to acknowledge contributions of deceased in Covid-19 care hence, Respondent no. 4 is required to process Petitioners proposal for benefits under ‘Pradhan Mantri Garib Kalyan Package’ for deceased and grant compensation accordingly.

Refusal to approve Petitioners appointment based on Education Officers order from August 9, 2021, was found unsustainable, necessitating a modification of that approval order.

Time bound promotion Scheme aims to alleviate employee stagnation by offering higher pay-scale without actual promotion, exemplified by Petitioners receiving a higher pay-scale upon absorption as CEA.