Service Law - Recruitment Qualification Requirements - The prescribed educational qualification for the post of Intelligence Assistant included a graduate degree with an 'O' Level certificate of Information Technology from DOEACC/NIELIT or equivalent - Appellants possessing B.Sc. degrees with computer subjects were rejected - Held, 'O' Level certificate is a specialized course, not...
Family Law - Custody of Minor Child - Financial Condition of Mother - Mother of minor child sought custody from grandparents - Superior financial condition of grandparents not a ground to deny custody to the mother, who is the natural guardian - Consideration should be who provides better care and welfare for the child - Mother working as a lab technician earning Rs.10,000/- per month - Despite no...
Real Estate Law - Pre-requisite Deposit for Appeals - Jurisdiction - The Real Estate (Regulation and Development) Act, 2016 - Appeal by the promoter questioning the jurisdiction of RERA Authority - Held, the stringent provision under Section 43(5) mandates the deposit of a pre-requisite amount with the Appellate Tribunal before the appeal is entertained - Even if the Appellate Authority decides on...
Criminal Law - Murder Conviction - Section 302 IPC - Appeal against conviction for murder outside court premises - Eyewitnesses turned hostile - Trial court's reliance on consistent portions of hostile witnesses' testimonies upheld - Ballistic evidence confirmed cartridges matched pistols recovered from accused - Appellant’s appeal dismissed. [Paras 31, 50, 64]
Witness P...
Service Law - Promotion and Revised Pay Scale - Entitlement - Petitioners promoted to Superintendent Grade-I - Promotion order not withdrawn - Petitioners continued to work and retired as Superintendent Grade-I - Held, petitioners entitled to revised pay scale as per 2009 Rules from the date of promotion till retirement - Objection by respondents on the legality of promotion overruled - Petition a...
Service Law - Leave Encashment to Dismissed Employee - Validity of Precedent - Leave encashment - Judgment in Dhir Chand case held per incuriam - Clarified that leave encashment benefits only available at retirement (superannuation or premature) - Dismissed employees not entitled to leave encashment - Writ petition dismissed.
Service Law - Government Instructions - Clarification...
Service Law - Pensionary Benefits - Delay in Release - Interest - Pensionary benefits including gratuity and leave encashment - Delay in release despite clearance of pending charge sheets - Held, benefits must be released within a reasonable time after retirement or after hurdles are cleared - Petitioner entitled to interest on delayed payment due to unjustified delay by the respondents - Writ pet...
Service Law - Appointment under Sportsperson Category - Validity - Punjab State Civil Services Combined Competitive Examination (PCS) 2009 - Appointment to PCS (Executive Branch) and Excise and Taxation Officer under Sportsperson category - Petitioner contended the illegality of appointments based on the non-affiliation of School Games Federation of India (SGFI) with the Indian Olympic Association...
Reservation for Sports Persons - Interpretation of "Won" - Constitutional Law - Sports Quota Eligibility - Article 14 - Article 226 - The appellant, who won a bronze medal in the 47th National School Games, was denied reservation under the sports category for the post of Sub Divisional Engineer (Civil). The court held that the term "won" as used in the eligibility criteria for ...
Cooperative Societies - Powers of Joint Registrar - Appeal to Registrar - Punjab Cooperative Societies Act, 1961 - The Joint Registrar exercised the powers of the Registrar under Section 27 of the Act, leading to the removal of the petitioners from the Board of Directors of a cooperative bank. The appeals against these orders were dismissed as not maintainable by the Additional Registrar, stating ...