Service Matter - Promotion of Assistant Engineers - Qualifying degree or diploma holder - Time period of service prior to acquisition of degree - Distinction between diploma holder and degree holder - Whether to be counted - Interpretation of service rules - Seniority - Practice of the department – Held - there is no distinction between the time period served before or after the acquisition ...
Constitutional Law - Article 21 - Right to life - Obligation of State to provide convenient access, including ambulance roads, for medical emergencies - Duty of Gram Panchayat to provide road access for emergency medical aid to villagers - Construction of road for an unauthorized occupant - Mandamus sought to quash the direction for road construction - Gram Panchayat resisting the construction - R...
Service Law – Assured Career Progression – Adverse Annual Confidential Reports (ACRs) – Writ petition seeking the quashing of the order denying the petitioner the first ACP scale and directing the respondents to grant the first ACP scale upon completion of eight years of service. The petitioner’s service records included a “below average” ACR for 2009 and &ldquo...
Issue: Whether the demand of additional price made by the Haryana Urban Development Authority from the allottees of a plot of land was justified, and whether the appeal filed by the appellants despite a previous judgment on the same issue was justified.
Haryana Urban Development Authority (HUDA) - Allotment of plot - Demand of additional price - Condition 9 of allotment letter - Enhancement of ...
Service Law - Pension benefits - Calcutta State Transport Corporation framed Regulations, 1990 - to get the benefit of the said scheme, existing employees of the Corporation will have to submit written option within six months from the date of publication - Respondent no.1 opted for pension scheme - On his retirement the respondent no.1 was paid certain retiral benefits, however, no pension was pa...
Mumbai Municipal Corporation Act, 1888 - Section 37 - Development Control Regulations - Transfer of Development Rights (TDR) - Surrender of land - Development of amenity - Additional TDR - Whether appellant entitled to Additional TDR for development of amenity - Held, appellant did not develop amenity so as to be entitled to Additional TDR - No activities undertaken by appellant till the handing o...
Civil Procedure Code, 1908 - Amendment of pleadings - Application for amendment of written statement filed after commencement of trial - Proviso to Order 6 Rule 17 CPC mandates that no application for amendment shall be allowed after the trial has commenced unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial - Tria...
Recovery of excess pension - Pension erroneously fixed as service pension instead of reservist pension - Petitioner retired 50 years ago - Recovery sought to be made after retirement - Whether permissible - Held, recovery from Category-C and D employees or retired employees impermissible - Judgment of the Hon'ble Supreme Court in State of Punjab and others Vs. Rafiq Masih (Supra) applicable - ...
Quashing of Government Orders establishing Anti Land Grabbing Special Cells in Tamil Nadu - High Court's decision to set aside the orders - Lack of guidelines for selecting land grabbing cases - Potential for abuse and misuse of power - Suggestions for enacting legislation with clear definitions - Supreme Court upholds High Court's decision. (Para 1-8) Formation of 36 Anti Land Grabbing Sp...
Land acquisition - Deemed lapse of acquisition - Challenge by subsequent purchaser - Locus standi - Compensation not paid/tendered - Appeal against High Court's declaration of deemed lapse of acquisition - Applicability of earlier decision in Manav Dharma Trust case - Held, subsequent purchaser has no locus to challenge the acquisition and pray for deemed lapse of acquisition - Decision in Man...