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 - ...
Administrative Law – Study Leave – Policy Decision – Appellant, a medical officer, denied study leave to pursue a postgraduate medical course due to a policy decision in response to the COVID-19 pandemic – Appellant argued that refusal was arbitrary and discriminatory under Article 14 – Supreme Court held the policy decision was neither arbitrary nor discriminatory bu...
Service Law – Age of Superannuation – Enhancement of Age – Appellants challenged the decision of the High Court directing retrospective application of the Government Order enhancing the age of superannuation from fifty-eight to sixty years – High Court held that the enhancement should be retrospective from 29 June 2002 – Supreme Court set aside the High Court's de...
Civil Appeal – Writ Petition – Mandamus to legislate on ‘Liability in Tort’ and other issues – High Court’s directions under scrutiny – Analysis of each direction’s validity and impact.
Factual Aspects:
The appeal pertains to a judgment issued by the Madras High Court, wherein a writ petition sought directions for the appointment of the Chairma...
Educational Policy – Qualification of Primary School Teachers Constitutional validity of including B.Ed. as qualification for primary teachers – Interpretation of Sections 12A and 29 of NCTE Act – Judicial review of policy decisions – Compliance with Central Government directive – Whether inclusion of B.Ed. arbitrary or rational – Examination of pedagogica...
Civil Procedure – Ex-Parte Decree Against Minor – Appointment of Guardian – Supreme Court held that an ex-parte decree against a minor without the minor being represented by a guardian duly appointed under Order 32 Rule 3 of the CPC is a nullity – The High Court, exercising its power of superintendence under Article 227 of the Constitution, correctly set aside the ex-parte ...
Service Law – Transfer Order – Summoning of Public Officers – Public officers should not be called to court unnecessarily – Courts must avoid exerting undue pressure on administrative officers – Separation of powers between Judiciary and Executive must be respected to maintain constitutional balance – Frequent summoning of officers criticized and condemned [Para...
Limitation Act – Applicability to proceedings under the Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990 – Whether Article 116 of the Limitation Act 1963 applies – Held that the Jogighopa Act is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963, as the appeal thereunder, from an order of...
Constitutional Law – Privileges and Fundamental Rights – Summoning of Facebook Representatives – Delhi Assembly's Committee on Peace and Harmony summoned representatives of Facebook regarding the 2020 Delhi riots – Petitioners contended that such summons violated their fundamental rights of free speech and privacy – Supreme Court held that representatives appearin...
Constitution of India, 1950 - Appointment of Director of Enforcement - Extension of tenure - Constitutional validity of Central Vigilance Commission (Amendment) Act, 2021 and Delhi Special Police Establishment (Amendment) Act, 2021 - Writ petitions challenging the Acts - Whether amendments violative of Article 14, 21, and 50 of the Constitution - Power of Government to appoint Director of Enforcem...