Family Law - Custody of Minor Child - Financial Condition of Mother - Mother of minor child sought custody from grandparents - Superior financial condition of grandparents not a ground to deny custody to the mother, who is the natural guardian - Consideration should be who provides better care and welfare for the child - Mother working as a lab technician earning Rs.10,000/- per month - Despite not being financially at par with grandparents, she is capable of caring for the child - Maternal love and care cannot be quantified in material terms - Custody granted to mother​​.

Family Law - Legal Rights of Grandparents - Both parents alive but estranged - Grandparents cannot claim custody as a matter of legal right - Father of the child moved abroad, neglecting his duty - Grandparents getting older - Mother willing to give undivided attention to the child - Grandparents' right to custody cannot override the welfare of the child - Custody awarded to the mother as the primary nurturer​​.

Decision - Custody of Minor Child - Welfare of the child is paramount - Financial status of mother not a valid ground to deny custody - Mother's role as primary caregiver emphasized - Custody of the minor child handed over to the mother - Appeal allowed, trial court's order set aside​​.

Real Estate Law - Pre-requisite Deposit for Appeals - Jurisdiction - The Real Estate (Regulation and Development) Act, 2016 - Appeal by the promoter questioning the jurisdiction of RERA Authority - Held, the stringent provision under Section 43(5) mandates the deposit of a pre-requisite amount with the Appellate Tribunal before the appeal is entertained - Even if the Appellate Authority decides on maintainability, the hearing constitutes an appeal decision, necessitating the deposit - Appeal dismissed​​.

Real Estate Law - Legislative Intent - Consumer Protection - The Act aims at regulating and promoting the real estate sector efficiently and transparently while safeguarding consumer interests - The requirement of depositing the pre-requisite amount before appealing ensures that consumers are not dragged into unnecessary litigation by promoters or developers​​.

Decision - Dismissal of Appeal - The appeal challenging the need for a pre-requisite deposit was dismissed - Promoter must deposit the specified amount to proceed with the appeal under Section 43(5)​​.

Criminal Law - Murder Conviction - Section 302 IPC - Appeal against conviction for murder outside court premises - Eyewitnesses turned hostile - Trial court's reliance on consistent portions of hostile witnesses' testimonies upheld - Ballistic evidence confirmed cartridges matched pistols recovered from accused - Appellant’s appeal dismissed. [Paras 31, 50, 64]

Witness Protection and Fair Trial - Witness Protection - Duty of State - Several eyewitnesses, including police officials, turned hostile - Cross-examination of key witness delayed by six months, leading to witness being won over - Court emphasized the State's duty to protect witnesses and ensure fair trials - Adjournments criticized for causing witness intimidation and trial delays. [Paras 49, 50, 59, 64]

Judicial Directives - Speedy Trial and Witness Protection - Trial courts directed to comply with Section 309 Cr.P.C. for expeditious trial - Adverse remarks in ACRs of judicial officers for non-compliance - State instructed to amend IPC and Cr.P.C. to penalize witness intimidation - Mandatory immediate travel allowance and lodging for witnesses, security measures at their homes, and disciplinary actions against hostile police witnesses. [Para 62]

Decision:

The appeal is dismissed. The conviction and sentence of life imprisonment of the appellant are upheld. The trial court's handling of hostile witnesses and reliance on supportive portions of their testimonies, corroborated by ballistic evidence, were affirmed. The court issued comprehensive directives to ensure the protection of witnesses and the expeditious conduct of trials, emphasizing the State's role in safeguarding the criminal justice system's integrity.

Service Law - Promotion and Revised Pay Scale - Entitlement - Petitioners promoted to Superintendent Grade-I - Promotion order not withdrawn - Petitioners continued to work and retired as Superintendent Grade-I - Held, petitioners entitled to revised pay scale as per 2009 Rules from the date of promotion till retirement - Objection by respondents on the legality of promotion overruled - Petition allowed​​.

Service Law - Validity of Promotion - Impact on Pensionary Benefits - Petitioners' promotion to Superintendent Grade-I not withdrawn or challenged during service - Continued operation of promotion order ensures entitlement to revised pay scale and pension benefits as per higher post - Respondents' objection on probation period and promotion legality dismissed - Revised pensionary benefits directed as per 2009 Rules​​.

Decision - Grant of Revised Pay Scale and Pensionary Benefits - Court directed the respondents to grant revised pay scale of Superintendent Grade-I from the date of promotion till retirement and recompute pensionary benefits accordingly - Arrears to be calculated and released within specified periods - Writ petition allowed​​.

Service Law - Leave Encashment to Dismissed Employee - Validity of Precedent - Leave encashment - Judgment in Dhir Chand case held per incuriam - Clarified that leave encashment benefits only available at retirement (superannuation or premature) - Dismissed employees not entitled to leave encashment - Writ petition dismissed​​.

Service Law - Government Instructions - Clarifications on Leave Encashment - Haryana Government instructions examined - Leave encashment not available when employment ends due to dismissal - Benefits linked to retirement only without misconduct - Previous judgments clarified and overruled as not good law​​.

Decision - Dismissal of Petition for Leave Encashment - Court dismissed the petition for leave encashment by a dismissed employee - Cited consistent government instructions and judicial clarifications - Leave encashment strictly a retirement benefit​​.

Service Law - Pensionary Benefits - Delay in Release - Interest - Pensionary benefits including gratuity and leave encashment - Delay in release despite clearance of pending charge sheets - Held, benefits must be released within a reasonable time after retirement or after hurdles are cleared - Petitioner entitled to interest on delayed payment due to unjustified delay by the respondents - Writ petition allowed​​.

Service Law - Pending Charge Sheets - Impact on Pensionary Benefits - Two charge sheets were pending against the petitioner at the time of superannuation, resolved later with imposed penalties paid by the petitioner - Provident fund released timely but gratuity and leave encashment delayed without justification - Unjustifiable delay in releasing pensionary benefits warrants interest payment​​.

Decision - Interest on Delayed Pensionary Benefits - Court directed the respondents to calculate and pay interest at 9% per annum on delayed payments of gratuity and leave encashment from January 1, 2017, to the actual date of payment - Calculation and payment to be completed within specified periods​​.

Service Law - Appointment under Sportsperson Category - Validity - Punjab State Civil Services Combined Competitive Examination (PCS) 2009 - Appointment to PCS (Executive Branch) and Excise and Taxation Officer under Sportsperson category - Petitioner contended the illegality of appointments based on the non-affiliation of School Games Federation of India (SGFI) with the Indian Olympic Association (IOA) - Held, achievements at school level sports recognized by Ministry of Youth Affairs and Sports, Government of India, suffice for eligibility - Appointments valid. Petition dismissed.

Service Law - Definition and Recognition of Sportsperson - Petitioner argued that non-affiliation of SGFI with IOA invalidated sports certificates of private respondents - Court noted the distinction between affiliated and recognized sports bodies - SGFI recognized by Ministry of Youth Affairs and Sports and had been affiliated with IOA during the relevant period - Achievements in national and international events conducted by SGFI valid for appointments - Petitioner's claim rejected.

Decision - Dismissal of Petition - Court upheld the appointments of respondents to PCS and Excise and Taxation Officer posts - SGFI's recognition and past affiliation with IOA considered sufficient - Petition dismissed.

Reservation for Sports Persons - Interpretation of "Won" - Constitutional Law - Sports Quota Eligibility - Article 14 - Article 226 - The appellant, who won a bronze medal in the 47th National School Games, was denied reservation under the sports category for the post of Sub Divisional Engineer (Civil). The court held that the term "won" as used in the eligibility criteria for the sports category specifically referred to winning a gold medal. The appellant's bronze medal did not meet this criterion, and thus, his claim for reservation was dismissed. [Paras 7-8, 10-11]

Strict Interpretation of Eligibility Criteria - Use of "Won" - Distinction in Terminology - The court emphasized the importance of strict interpretation of eligibility criteria, noting that "won" must be understood to mean achieving first place or a gold medal, as the rules also use explicit terms for first, second, and third positions where applicable. This distinction in terminology is crucial for maintaining the intended standards for reservation under the sports quota. [Paras 9, 15]

Policy and Purpose of Sports Reservation - Class-based Criteria - The court highlighted that the recruitment rules differentiate between various levels of posts, with more stringent criteria for higher posts. For Class I and Class II posts, winning a national championship implies securing a gold medal, whereas, for lower classes, placing in the top three positions suffices. This hierarchical structuring aligns with the intent to ensure higher qualifications for higher posts. [Paras 12-14]

Decision - Appeal Dismissed - No Merit Found - The appeal was dismissed, and the decision of the learned Single Judge was upheld. The court affirmed that the strict interpretation of "won" to mean winning a gold medal was appropriate and necessary for maintaining the integrity of the sports reservation policy. [Paras 16-17]

Cooperative Societies - Powers of Joint Registrar - Appeal to Registrar - Punjab Cooperative Societies Act, 1961 - The Joint Registrar exercised the powers of the Registrar under Section 27 of the Act, leading to the removal of the petitioners from the Board of Directors of a cooperative bank. The appeals against these orders were dismissed as not maintainable by the Additional Registrar, stating the orders were passed as a delegate of the Registrar. The court held that, per Section 3(5) of the Act, such orders are deemed to be of the person passing them, not the Registrar, for appeal purposes. The appeals were remanded to the Registrar Cooperative Societies for fresh adjudication. [Paras 1, 5, 18-20, 25]

Statutory Interpretation - Appeal Rights - Delegated Authority - The court clarified that Section 68 of the Act allows appeals to the Registrar against decisions made by the Joint or Additional Registrar exercising delegated powers. This interpretation prevents rendering Section 68(2) inoperative or redundant and aligns with legislative intent. [Paras 18-20, 27-28]

Decision - Remand for Fresh Consideration - Compliance with Procedural Requirements - The court set aside the impugned order dismissing the appeals as not maintainable and remanded the appeals to the Registrar Cooperative Societies for a decision on merits. The court emphasized that the merits of the case were not addressed, ensuring a fresh, unbiased adjudication. [Paras 39-40]