Compensation Policy – Punjab State Power Corporation Ltd. – Introduction of a comprehensive policy by respondents/PSPCL for compensation in cases of fatal/non-fatal injuries/deaths due to electrocution – Application to employees (regular and contractual) and private persons (including minors and adults) – Details of compensation under various scenarios provided. [Para 8]
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Pensionary Benefits – Counting of Seasonal/Contract Service for Pension – Petitioners seeking inclusion of seasonal/contract service period for qualifying service for pension under Articles 226/227 of the Constitution of India – Service rendered on an ad-hoc basis by petitioners before their regularization in 2004 not sufficient for pensionary benefits under old pension scheme &n...
Labour Court Ruling on Employee Reinstatement – Challenged by Daulat Panipurvatha Sahakari Sanstha – Writ petitions filed against Labour Court Satara's decision granting reinstatement with continuity of service and consequential benefits from termination date for respondent employees – Oral termination without inquiry, contrary to principles of natural justice and S...
Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...
Service Law – Direct Recruitment – Inter-se merit list – Preparation of inter-se merit list of selected candidates is inevitable even in the absence of an explicit provision in the rule or policy. The recruitment authority cannot place the candidates inter-se in the select list under the rule of thumb or by adopting a methodology inconsistent with the spirit of Articles 14 and 16...
Service Law – Selection Criteria – The Board of Examiners altered the selection criteria by introducing interviews and merit-based assessments not prescribed by the statutory rules. The eligibility and procedure for promotion from Class-IV to Class-III positions, as per the Executive Council’s rules, emphasized seniority and passing departmental tests without mandating interviews...
Petition for Pension - Petitioner, a retired employee of respondent-bank, seeks pension from 01.06.2005 under the bank's pension policy, having submitted an application which is allegedly disregarded by the respondents. [Para 1-2]
Territorial Jurisdiction Questioned - Respondents argue the High Court of Punjab and Haryana lacks territorial jurisdiction as the petitioner retired fr...
Judicial Review – Mandamus – Reinstatement and Back Wages – Petitioner seeking mandamus for enforcement of earlier High Court order for reinstatement and back wages – Earlier judgment partly allowed reinstatement with modified punishment, not back wages – Petitioner's claim for back wages unsustainable due to limited scope of the petition. [Para 1, 6-7, 16-17]
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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...