Service Law – Definition of Government Schools – Recruitment Criteria – Writ petitions challenging rejection of candidature for not possessing requisite experience in Central/State Government Schools – Petitioners teaching in Adarsh Schools run by Punjab Education Development Board (an autonomous statutory body) – Held, Adarsh Schools do not fall within definition of ...
Administrative Law - Recruitment - Examination Fraud - Natural Justice - Judicial Review- Violation of Principles of Natural Justice - No Vested Right – Civil writ petition under Article 226 challenging the decision to scrap the merit list and re-conduct the Naib Tehsildar examination – Held: The petitioners do not acquire any vested right merely because they were shortlisted. No appoi...
Land Law – Revenue Rastas – Easementary Rights – Writ petitions challenging the grant of CLUs to developers – Dispute over petitioners' locus standi and rights to revenue rastas – Held that such disputes require evidence and cannot be settled in writ proceedings – Appropriate remedy is under Section 42 of the East Punjab Holdings Act – Competent Statut...
Land Law – Eviction from Shamlat Deh Land – Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 – Challenge to eviction orders passed by the Assistant Collector First Grade and upheld by higher authorities. Petitioners constructed a house on land recorded in revenue records as owned and cultivated by Gram Panchayat (Makbuja Gram Panchayat). Held that the entry in the ...
Land Laws – Village Common Land – Eviction – Petition by Gram Panchayat for land described as Gair MumkinChappar/pond within abadi deh – Collector dismissed the eviction petition, holding land does not vest in Gram Panchayat – Appellate Authority reversed, holding pond within abadi deh vests in Gram Panchayat under Section 2(g) of the Punjab Village Common Lands (Regu...
Village Common Land – Regularization of Unauthorized Constructions – Civil Writ Petition against rejection of regularization claim – Petitioner constructed house and cattle shed on Panchayat land – Claim based on long-term use by forefathers – Government reconsideration of earlier prohibitions against such claims – Matter remanded for reconsideration under new r...
Land Law – Easementary Rights – Consolidation Proceedings – Section 42 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Application under Section 42 seeking easementary rights over a passage from Gram Panchayat land dismissed. Held that the application under Section 42 is maintainable only if a passage was not provided during consolidation...
Land Law - Writ Petition - Ejectment Proceedings - Civil Writ Petition challenging order dismissing revision and notice for possession - Petitioners claimed possession of land leased since June 1991 - Evidence insufficient to establish possession before 1950 - Land categorized as Shamlat Deh vested in Gram Panchayat - Petitioners unable to establish prima facie title - Held, writ petition dismisse...
Service Law - Retrospective Reduction in Salary - Re-designation – Held, the appellant cannot be re-designated to a post for which the revised consolidated remuneration is less than what she was already receiving. Recovery ordered by reducing the monthly remuneration of a contractual employee with retrospective effect is patently illegal. The order of the learned Single Judge is set aside. T...
Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in ...