Public Employment – Eligibility/Cut-off Date – Qualifications must exist by last date for applications – Appointment illegal where candidate did not possess M.D. on cut-off date – Applying Ashok Kumar Sharma (review) line of authorities – In absence of a date in rules/advertisement, last date for filing applications governs eligibility – Appellant acquired M.D. ...
Service Law – Direct Recruitment vs. Promotion – Eligibility Criteria – Appellant, a degree-holder Junior Engineer, challenged the appointment of diploma-holder JEs as Assistant Engineers by direct recruitment – Contended that degree-holders had legitimate right to be considered for promotion ahead of diploma-holders – Held: Recruitment rules permitted diploma-holders...
Entertainment Tax – Discrimination Based on Language – Article 14 Violation – Andhra Pradesh levied 24% entertainment tax on Hindi films while levying only 10% on Telugu films – Held: Classification based solely on language is arbitrary – No reasonable nexus with object of taxation – Violates Article 14 of the Constitution – Impugned notification struck do...
Service Law - Promotion – Sealed Cover Procedure – Departmental Proceedings Initiated After DPC – Not Permissible – Respondent recommended for promotion by DPC – Sealed cover procedure adopted on the ground that vigilance case was pending – However, charge sheet was issued only after recommendation – Held: Sealed cover procedure invalid as per Para 6 of ci...
Civil Law - Issuance Of Non-Bailable Warrant - Jurisdiction of Matrimonial Court – Personal Appearance – Section 23(2) of Hindu Marriage Act – Validity of Direction – Upheld – The appellant challenged the High Court’s order directing his personal appearance and issuing non-bailable warrants after repeated failure to appear in matrimonial appeal proceedings &ndas...
Land Acquisition – Market Value Determination – Section 23 of the Land Acquisition Act – Reassessment of Compensation – High Court assessed market value at ₹1,20,000 per acre based on exemplars but reduced it by one-third due to small plot sizes – Supreme Court held that the deduction was excessive considering the land’s location, use, and industrial potential...
Service Law - Disciplinary Proceedings – Minor Penalty – Personal Hearing Not Mandatory – Rule 21 of Punjab Civil Services Rules – High Court's Error in Quashing Penalty – The respondent, a Sub-Divisional Engineer, was awarded the penalty of stoppage of two increments with cumulative effect after the disciplinary authority disagreed with the Enquiry Officer’...
Freedom Fighters’ Pension – Date of Commencement – Grant Based on Secondary Evidence – Pension Not Payable From Application Date – The respondent’s claim for freedom fighter’s pension was allowed on the basis of secondary evidence, namely oral testimony from another detenue and not on a primary document like a jail certificate – Held: Following prece...
Labour Court Jurisdiction – Co-operative Society Employee – Section 70 of KCS Act vs ID Act – Labour Court Had Jurisdiction – The appellant, a dismissed employee of a milk co-operative, sought reinstatement under the Industrial Disputes Act – High Court held Labour Court lacked jurisdiction due to Section 70 of the Karnataka Co-operative Societies Act – Held: Pr...
Service Law – Premature Termination - Statutory Appointment – Applicability of Doctrine of Pleasure – Tenure Protection Under Special Statute – Termination Set Aside – The respondent’s appointment as Chairperson, NCTE was terminated by the Union of India citing the doctrine of pleasure under Article 310 – The Court held that the post was governed by a spec...