Pension Revision – UGC Pay Scale – Kerala Service Rules (Part III) – Respondents retired from Collegiate Education Department under UGC pay scale – Tribunal directed pension revision from 01/01/2006, citing Government Order stipulating pension calculation based on revised pay introduced retrospectively – Held: Pensioners entitled to revised pension from 01/01/2006 as ...
Judicial Independence – Financial Independence of Judges – Non-discrimination based on Source of Appointment – Held: High Court judges, irrespective of their recruitment source (Bar or judicial service), are entitled to uniform financial benefits to maintain judicial independence – Differentiation between judges based on their pre-appointment service violates Articles 14 an...
Competence of Central Government to Impose Additional Fees – Validity of the Central Motor Vehicles (Twenty Third Amendment) Rules, 2021 – The petitioners challenged the imposition of additional fees for delayed renewal of Certificates of Registration and Fitness Certificates under the amended Rule 81 of the CMV Rules. The Court, citing the Bombay High Court’s decision in K' ...
Patent Law – Violation of Natural Justice – Impugned Order Quashed – The appellants claimed their invention demonstrated superior physical, chemical, and therapeutic efficacy compared to prior art – Respondent rejected the patent citing Sections 3(d) and 3(e), concluding the invention was a mere discovery without therapeutic efficacy – Court held: The respondent faile...
Service Law - Employment Eligibility – Acquittal and Criminal Record – Rejection of Candidature Overturned - Petitioner’s application for Constable post was rejected citing pending criminal proceedings under Sections 323 and 143 IPC – Petitioner was acquitted before document verification, and the Court held that mere involvement in criminal proceedings without a conviction ...
Wills – Validity and Proof – Dispute over the execution of multiple wills by Pohlo Ram – The trial court ruled in favor of the will dated 17.10.1997 – The appellate court allowed the appeal for the will dated 4.2.2000, finding it suspicious – High Court emphasized the need for clear proof and dismissed the appeal, reinstating the trial court’s decision [Paras 70...
Service Law – Financial and Pensionary Benefits – Work Charge Employee – Entitlement to Pension and ACP – Petitioner sought financial and pensionary benefits, claiming that her deceased husband’s services should be regularized from 2003, making her eligible for benefits like ACP, medical allowance, leave encashment, LTC, etc. – The Court held that as a work char...
Appointment of Non-Teaching Staff – Requirement of Prior Approval – Appellant challenged the decision of the Single Judge which quashed the orders of the DIOS disapproving the appointment of the respondent as an Assistant Clerk – Argument that minority institutions are exempt from seeking prior approval as per Regulation 101 of the Act – Single Judge held Regulation 101 ina...
Constitutional Law – Ultra Vires Declaration – Section 10-A of Telangana Act Invalidated – Petitioners, unemployed youth, contended that Section 10-A, allowing regularization of contract employees, contravened Articles 14, 16, and 309 of the Constitution, and undermined statutory recruitment rules – Court held: Section 10-A is ultra vires as it conflicts with existing Educa...
Professional Misconduct – Clause (7), Part I, Second Schedule, Chartered Accountants Act, 1949 – Gross Negligence – Issuance of Utilization Certificates without adequate verification – Council of ICAI held respondent guilty of professional misconduct for certifying financial statements without corroborating documents and failing to disclose reliance on other sources –...