Service Law – Compassionate Appointment – Fraudulent claim of adoption – Burden of proof – Respondent claimed appointment on compassionate grounds as the adopted son of deceased Head Master – Produced an unregistered deed of adoption and a joint succession certificate with his natural father – Application for compassionate appointment initially rejected by compe...
Judicial Appointments – Article 217(1) & (2) – Eligibility vs. Suitability – Scope of Judicial Review – Petition challenging appointment of Dr. Satish Chandra as Additional Judge of the Allahabad High Court on grounds of lack of ten years’ actual practice and ineffective consultation – Held: A clear distinction exists between eligibility (objective fact unde...
Constitutional Law – Office of Profit – Articles 101 to 104 – Retrospective Exemption – Validity of Parliament (Prevention of Disqualification) Amendment Act, 2006 – Challenge to retrospective removal of disqualification under Article 102(1)(a) on ground that it sought to re-induct Members of Parliament whose seats had allegedly fallen vacant – Held: Parliament ...
Service Law – Departmental Enquiry – Scope of Judicial Review – Standard of Proof – Held, High Court justified in interfering where findings of disciplinary authority were perverse, unsupported by evidence and based on conjecture – Judicial review permissible when enquiry suffers from violation of natural justice or statutory provisions – Findings must rest on l...
Civil Lawv – Suit for possession and injunction by daughters/reversioners against donee under a 1955 gift by a widow with limited estate— Possession by Daughters/Reversioners – Evidence Act Sections 107 & 108 – Limitation Act, 1963 Articles 64 & 65 – Punjab Custom (Power to Contest) Act, 1920 – Appeal Dismissed – Widow Indira Devi had only a life i...
Labour Law - Industrial Dispute – Retrenchment – Section 25F read with Section 25B(2) – Reinstatement Upheld; Back Wages Denied – Workman engaged on daily wages from 16.03.1988 to 28.02.1989 with breaks; Labour Court held 264 days’ work in 12 months and ordered reinstatement with 50% back wages; High Court affirmed – Held: After the 1964 amendment, a workman who...
Public Interest Litigation – Service Matters – Locus Standi – PIL Not Maintainable – A writ petition filed by respondent No. 4 styled as a Public Interest Litigation challenged the appellant’s appointment as Auction Recorder on the ground of past conviction under Section 61 of the Punjab Excise Act – Held: In service matters, PILs are not maintainable – Th...
Service Law - Premature Retirement – Validity – Rule 244, Rajasthan Service Rules – Appellant, manager of Co-operative Society, compulsorily retired at age 56 after 27 years of service – Held: Service Rules had been adopted by society – Rule 244 confers absolute right on appointing authority to compulsorily retire employee in public interest after completion of 25 yea...
Penalty – Sections 10(3), 5, 9, 12, 18 of the U.P. Motor Vehicles Taxation Act, 1997 – Articles 14 & 19 of the Constitution – High Court struck down Section 10(3) as arbitrary and unreasonable – Held: Section 10(3) is constitutionally valid – Penalty is a deterrent and compensatory measure to protect public revenue – Statutory scheme provides recovery, refun...
Labour Law – Gratuity – Service Compensation – Constitutionality – Sections 47(3) & 47(4) of the Andhra Pradesh Shops and Establishments Act, 1988 challenged as arbitrary and violative of Articles 14 & 19(1)(g) – Provisions allowed payment of service compensation (15 days’ wages per year of service) to employees with only one year’s service or less...