Retirement Age – Revision of Pension – High Court held that the appellant was wrongfully retired at 58 instead of 60 – High Court denied salary/back wages for extra two years due to delay in approaching – High Court ordered revised pension payable from January 1, 2020 – Supreme Court modified this, holding denial of arrears of pension unjustified – Appellant ent...
Land Acquisition – Deemed Lapse – High Court held acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation – Supreme Court reversed High Court’s decision – Clarified Section 24(2) applies only when authorities fail to take possession and pay compensation for five years or more – Compensation deposited in treasury vali...
Pay Fixation – Re-employment – High Court held that respondent, a retired Major, should have his basic pay fixed at par with his last drawn pay in the Armed Forces upon re-appointment in the Central Reserve Police Force – Supreme Court reversed this decision – Clarified that Para 8 of the CCS Order does not grant entitlement to pay protection based on last drawn pay –...
Custody of Minor – Guardianship Dispute – Appeal against the order of First Additional District Judge, Waraseoni, rejecting the application for custody of the minor son under Section 25 of Guardians and Wards Act, 1890 – Trial court's decision based on the welfare of the child, considering the conduct of the appellant and the ability of maternal grandparents to provide care. ...
Pension Scheme – Applicability – High Court held that respondent, the widow of a deceased employee, was entitled to family pension under the Old Pension Rules – Supreme Court reversed this decision – Clarified that employees appointed or absorbed after 31.08.2005 are governed by the New Contributory Pension Scheme, which does not provide for pension/family pension – A...
Review Petition - Maintainability - Parties - Impleadment of parties - Whether the review petitioners were necessary parties before the writ court or the appellate court - Validity of office communication challenged in writ petitions - No challenge to seniority list or rights of specific incumbents - Private persons voluntarily impleaded themselves as respondents - Sufficient representation - Revi...
Compassionate Appointment – Applicability of Rules – High Court dismissed appellant’s plea for appointment under 1990 Rules, directing consideration under 2020 Rules – Supreme Court reversed this decision – Clarified that in the peculiar facts and circumstances, appellant entitled to appointment under 1990 Rules prevailing at the time of the father's death and ini...
Civil Law - Court Fee – Declaration and Consequential Relief – Mandatory Injunction as Distinct Relief – Challenge to trial court's order directing plaintiff/petitioner to pay ad-valorem court fees for relief of mandatory injunction, separate from the relief of declaration. The trial court found mandatory injunction not to be a consequential relief to the declaration, necessi...
Public Service – Promotion and Direct Recruitment – Applicability of Rules – Appeals challenging the High Court's directive to fill vacancies as per the old rules – High Court applied the principle from Y.V. Rangaiah v. J. Sreenivasa Rao, holding vacancies arising prior to rule amendments should be filled by old rules – Supreme Court reviews and restates the princ...
Insurance Claim – Stolen Vehicle – Technical Grounds for Denial – The insurance company refused to settle the claim due to the non-submission of the duplicate certified copy of the certificate of registration, which the appellant could not produce because the details were locked by the RTO following the theft report. The Supreme Court held that the insurance company should not ha...