Latest Judgements & Rules for Govt. Employees

Latest Judgements & Rules for Govt. Employees Aaditya D. Krishna

14/12/2023

*Sweety Kumari vs. The state of Bihar*
The candidates could not produce original documents at the time of interview though true photo copies were on record. Their candidature were rejected by BPSC. The Supreme Court relying upon its judgement in Charles K. Skaria (1980) and Aarav Jain(2022) held that if a person possesses eligibility before the date of actual selection, he can not be denied benefit because its proof is produced later. Means, the production of the original was not a mandatory condition.
It was made clear that *similarly situated candidates would not be entitled to claim the same benefit further, because they had not come before this Court within a reasonable time.*

01/12/2023

Doctrine of approbate and reprobate:
The CAT Principal Bench applying this doctrine held that a candidate can't contend that what should be the method selection. It is settled law that a person who consciously takes part in the process of selection cannot, thereafter, turn around and question the method of selection and it's outcome.
The SC in Chandigarh Admn. Vs. Jasmine Kaur held that a candidate who takes a calculated risk or chance by subjecting himself to the selection process cannot turn around and complain that the process of selection was unfair after knowing of his or her non-selection. In Pradeep Kumar Rai case the SC held that the candidates cannot approbate and reprobate at the same time.

28/10/2023

Compassionate Appointment
(1) Financial indigency immediately after the death of GS is the crucial factor in determining appointment on Compassionate grounds.
(2) It can not claimed as vested right.
(3) Inordinate delay in approaching authorities for such appointment can be a ground for rejection.
CAT-Principal Bench

28/10/2023

EWS Certificate...
The CAT-Principal Bench in Anju and Ors. vs. GNCTD held that on harmonious construction of the advertisement, DOPT notifications as well as RRs, parameters should be the EWS certificate for the last THREE financial years rather than insisting upon date of EWS certificate as on the closing date of application.

23/10/2023

'Mission Karmayogi'
(1)The Mission Karmayogi aims at developing a citizen-centric and future ready civil service and through democratized and competency-led capacity building.
(2) The training would facilitate the overall objective of shift from rule-based system to a role based HR management in govt.
(3) "Karmayogi Guidelines" have been issued by DOPT through OM dated 28.07.2023.
(4) State governments would formulate guidelines for training and capacity building of their employees in consonance with these guidelines to enable achievement of citizen-centricity and effective public service delivery.

22/10/2023

Air tickets under LTC
Govt. Emp. NOT entitled for air travel but wish to travel by air, are no longer required to mandatorily book their air tickets through 3 travel agencies namely BLCL, ATT & IRCTC only as the reimbursement is restricted to the actual air fare or the entitled train/bus fare for the shortest route, whichever is less.- DOPT, OM dated 10.08.2023

22/10/2023

Inclusion in CGHS
Now both MALE & FEMALE employees will have the choice to include EITHER their parents OR parents-in-law for the purpose of availing the benefits under CGHS subject to the conditions of dependence and residence.-MHFW, OM dated 26.07.2023

21/10/2023

Compulsory Retirement under FR 56 (j) is not a punishment. Govt. Employees can be retired prematurely in public interest either on completion of 50 years of age or 30 years qualifying service.- CAT

21/10/2023

B.Ed. degree holders are not eligible to become Primary Teachers: Supreme Court in Devesh Sharma vs. UOI

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