Transfer Order – Quashing – Child Care Leave (CCL) – Competent Authority – Respondent No.5, a Chemist, was granted CCL for 730 days by an unauthorized authority – After availing CCL, respondent No.5 attempted to rejoin at Hisar, which was opposed by the petitioner – Court held the CCL sanction by Engineer-in-Chief invalid as per Government instructions, which re...
Medical Registration – Timely Application – Candidate Eligibility – Section 25 of Indian Medical Council Act – Petitioner applied for registration with Delhi Medical Council before the last date for submission of application forms but received the certificate post deadline – Court held that the delay in issuance of the certificate, beyond the petitioner’s contro...
Transfer of Investigation – Judicial Review – Sections 173 and 465 Cr.P.C. – Petition for transferring investigation to CBI or any independent agency due to alleged bias and malice in current investigation – Court held no accused has right to choose investigating agency, but judicial review necessary to ensure fairness – Investigation quashed due to bias and malice, d...
Eviction Jurisdiction – Property within Municipal Limits – Haryana Rent Act – Petitioner's property initially outside municipal limits as per sale and rent deeds – Later included in municipal limits by notification – Court held mere mentioning in deeds does not override legal provisions – Jurisdiction determined based on date of filing eviction petition, not...
Election Petition – Maintainability – Petitioners sought to invalidate election results alleging respondents' encroachment on government land – Held, writ petition not maintainable under Article 226 – Proper remedy is an election petition as per Sections 74 and 89(1)(c) of the Punjab State Election Commission Act, 1994 – Writ petition dismissed due to the existenc...
Temporary Permits – Granting of Temporary Permits – The petitioners, existing stage carriage permit holders, challenged the granting of temporary permits to private respondents on the same routes – Contention that the temporary permits were issued without proper legal authority and in violation of the petitioners' rights under Article 19(1)(g) of the Constitution – Cour...
Pension – Inclusion of Work Charge Service – Any employee who has rendered service on work charge/adhoc basis is entitled to count the period of such service towards the total length of qualifying service for pensionary benefits – Respondent's rejection of pension claim on grounds of not having 20 years of regular service set aside – Estoppel principle applied as petiti...
Seniority – Fixation by Promotion – Petitioners promoted retrospectively to the post of Food and Supplies Officers from dates of completion of 3 years of experience – Petitioners placed lower than direct recruits in seniority despite earlier retrospective dates – Held, appointments from any source subject to completion of probation – Probation period for direct recrui...
Pension Parity – Private Aided Colleges vs. Government Employees – Articles 14 and 311 – Petitioners, retired teachers from private aided colleges, claimed parity in pension calculation with government employees – Court held teachers of private aided colleges cannot claim parity due to different service conditions and recruitment methods – Non-transferable posts and d...
Benami Transactions – Exception under Section 2(9)(A) – Dismissal of Application for Rejection of Plaint – Property transferred or held by a person where consideration is paid by another person and held in a fiduciary capacity not a benami transaction – Procedure for declaring a benami transaction outlined in the Act – Mere assertion by petitioner insufficient to abor...