Service Law – Retiral Benefits – Teachers of Aided Institutions – Long service with approved appointments and salary payments – Subsequent inquiry following a PIL cast doubts on appointments – Held: Teachers cannot be denied retiral benefits based on belated administrative findings when appointments were previously upheld by High Court – Appointments were approv...
Service Law – Recruitment Process – Reservation Policy – Horizontal Reservation Misapplied Vertically – Invalid Implementation of Ex-Servicemen Quota – Petitioners challenged recruitment to 303 posts of Security Guard (T&S Grade G) in Mahanadi Coalfields Limited – Court found that Ex-Servicemen reservation of 24.5% was applied vertically by adjusting candida...
Service Law – Disciplinary Proceedings – Review by Higher Authority – Power under Rule 21 of 1970 Rules – Appellant Forest Guard was exonerated by Enquiry Officer and the Disciplinary Authority – However, Conservator of Forest (Reviewing Authority) reopened the case, issued show cause notice, and imposed penalty of stoppage of two annual increments with future effect ...
Service Law – Departmental Proceedings – Disciplinary Authority – Disagreement with Enquiry Report – Natural Justice – Petitioner constable in Railway Protection Special Force terminated despite exoneration by Enquiry Officer – Disciplinary Authority disagreed with enquiry findings without issuing notice or giving opportunity of hearing – Held: Violation o...
Service Law – Assistant Teacher Recruitment – Termination – Inflated Marks – Petitioners appointed pursuant to ATRE 2019 later terminated on ground of having entered higher marks in their application forms – Respondents contended such entries were deliberate and altered merit position – Held: Candidates who gained undue advantage by inflating marks were rightly ...
Service Law – Regularization – Contractual Appointment – Petitioners selected through a proper selection process in 2011 and working continuously as ECG Technicians for 15 years – Government created four posts in 2014 on recommendation of competent authority – Instead of regularizing petitioners, State issued open advertisement in 2015 – Held: Petitioners' a...
Limitation Law - Review – Delay in Filing – Condonation of Delay – Review Petition filed with delay of 5743 days from judgment date and 489 days from dismissal of SLP – Explanation based on routine administrative process, file movement, legal opinion, and internal approvals – Held: Reasons offered by the State reflect gross negligence, red-tapism, and callous approach...
Service Law – Leave Encashment – Dismissal from Service – Petitioner dismissed from service on account of criminal conviction – Claim for leave encashment rejected by competent authority under Rule 8.21 Punjab Civil Services Rules – Held: Dismissed employee not entitled to leave encashment [Paras 1-2, 7-8].
Service Rules – Punjab Civil Services Rule...
Municipal Law – License Fees – Sections 244, 245, 386(2) MMC Act – Upheld – The Municipal Corporation has the legal authority to levy license fees for granting/renewing permissions for sky-signs, hoardings, and advertisements under Sections 244, 245, and 386(2) of the MMC Act – The contention that the Municipal Commissioner lacks authority to fix or enhance these fees...
Judicial Review – Tender Matters – Disputed Questions of Fact – Writ Jurisdiction under Article 226 – Petitioner sought cancellation of tender and award in his favour alleging higher revised bid and violation of tender conditions – Rival parties produced mutually contradictory documents regarding the amount of revised bid submitted – Held: Where adjudication req...