Pension Law - Family Pension Scheme – Discrimination Against Post-Retirement Adoption – Petition under Article 226 challenging Note 1 of Clause (d) of Sub-rule (ii) of Rule 4 of the Family Pension Scheme, 1964 – Rule excludes children adopted after retirement from family pension benefits – Held, discriminatory and arbitrary, violating Article 14 – Children adopted pos...
Administrative Law - Criteria for Selection – Appeal against Single Judge's order altering selection criteria – Selection for Shift Attendants based on written examination, experience, and interview – Commission as expert body within its right to fix criteria – Petitioners participated without objection, bound by advertisement conditions – Writ petition decided wi...
Service Law – Extension for exercising the switchover from CPF to GPF – The Pension Regulations and GPF Scheme require employees to opt for either CPF or GPF. The Supreme Court held that employees do not have an inherent right to demand an extension for exercising the switchover option [Paras 1-18].
Service Law – Pension and Provident Fund Schemes – The court d...
Minimum Wages – Correction of Errors – Only clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages can be corrected under Section 10 of the Minimum Wages Act, 1948. The notification dated 23/24.05.2016, which fixed minimum wages including special allowance, was issued after following due procedure. The subsequent errata notification dated 14.07.2016, w...
Service Law – Cancellation of Appointment – The entire selection/recruitment process was found to be fraudulent, including manipulation in the resolution and absence of a valid resolution for the appointment. The cancellation of the appointment was upheld [Paras 6-7].
Judicial Review – Selection Process – The court held that once a selection process i...
Local Government – Elections – The process of delimitation and/or triple test compliance is continuous and time-consuming. However, the conduct of elections for installing newly elected bodies to take over from the outgoing elected representatives whose term had expired is mandated by the Constitution and relevant enactments. The State Election Commission must proceed with elections wi...
Environmental Law – Utilization of Fly Ash – The NGT addressed issues regarding the handling of accumulated fly ash by thermal power plants. The NGT found that several thermal power plants failed to take adequate steps for the scientific disposal of fly ash in accordance with statutory notifications issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) under th...
Registration – Execution of Document – Execution is not merely signing the document. Execution involves signing by way of assent to the terms embodied in the document. Admitting a signature does not equate to admitting execution, especially if the signature was obtained under misleading circumstances or without the signatory fully understanding the document's content. The Sub-Regis...
Cut-Off Percentile for Admission – Reduction Sought – Petitioners requested a reduction in the cut-off percentile for admission to Super Specialty medical courses due to 940 vacant seats for the academic year 2021-2022. The plea was based on the reduction in cut-off percentiles in previous years and a significant number of vacant seats. The court declined the reduction, emphasizing the...
Trusteeship – Eligibility Criteria – Residence Requirement – The appellant, a Green Card holder of the United States, contested his disqualification from the position of founder trustee of the respondent-Trust on the grounds of not residing within the "Madras Presidency" as required by the Scheme of Administration (SOA). The Trial Court found the appellant qualified, co...