Recommendation And Parity Do Not Establish Retrospective Out-Of-Turn Promotion
A Division Bench of the Jammu & Kashmir and Ladakh High Court set aside the Tribunal’s grant of retrospective out-of-turn promotion to Inspector from 1998.
Editorial Team
Unreasoned medical opinion cannot defeat service-aggravation claim
A former Defence Security Corps soldier challenged the tribunal’s rejection of disability pension for cardiomyopathy and associated cardiac conditions incurred after re-enrolment in a fit medical state.
Retrospective promotion by junior’s date; higher pay only for duties performed
The Union Territory challenged tribunal relief granting an education officer retrospective promotion by reference to his immediate junior.
ReT Panel Claim Remanded For Examination Of Saba Wani Qualification
A Division Bench of the Jammu & Kashmir and Ladakh High Court set aside the Single Judge’s order and remanded a Rehbar-e-Taleem panel claim for fresh consideration of paragraph 25(a) of the Supreme Court’s Saba Wani judgment.
Unreasoned Medical Opinion Does Not Rebut Disability-Pension Presumption
A Division Bench of the Jammu & Kashmir and Ladakh High Court upheld the Armed Forces Tribunal’s award of disability pension with rounding-off benefits to an Army veteran subsequently discharged from the Defence Security Corps.
Special Pension Upheld After Condonation Of A 76-Day Service Deficiency
A Division Bench of the Jammu & Kashmir and Ladakh High Court upheld special pension for a soldier discharged as surplus before completing ten years’ qualifying service.
Later Recruitment Rules Cannot Defeat An Earlier Accrued Promotion Claim
A Division Bench of the Jammu & Kashmir and Ladakh High Court upheld substantive promotion and consequential benefits for a municipal employee repeatedly directed to perform Sanitary Supervisor duties.
SPOs: stigmatic disengagement requires notice and hearing
Four Special Police Officers challenged disengagement following an alleged unauthorised exchange of weapons, accidental firing and fabrication of a militancy incident.
Saba Wani Does Not Create ReT Appointment Rights Outside Prepared Select Panels
The Jammu & Kashmir and Ladakh High Court dismissed a longstanding challenge to a ReT panel after applying the Supreme Court’s Saba Wani directions.
Compassionate-Allowance Rejection Sent For Conditional Reconsideration
A dismissed employee challenged rejection of compassionate allowance under Rule 41 of the CCS Pension Rules, contending that dismissal alone could not answer the claim.