Ex-Gratia Compensation - Death in Service - Heart Attack - Central Civil Services (Extra-ordinary Pension) Rules - Workmen’s Compensation Act, 1923 - Constitution of India, Articles 226 and 227 - The petitioner, widow of a military farm worker who died of a heart attack during service, sought ex-gratia compensation under the Central Civil Services (Extra-ordinary Pension) Rules. The court held that such compensation is intended for deaths occurring under trying circumstances or due to accidents directly connected to the performance of duties. The petitioner’s claim was rejected as the death was due to natural causes and not related to any extraordinary risks associated with his duties. [Paras 1, 6, 13-15]

Conditions for Ex-Gratia Compensation - Casual Nexus - Performance of Duties - For ex-gratia compensation, there must be a causal connection between the death and the employee's performance of official duties. The court found that the petitioner’s husband’s death due to a heart attack did not meet this criterion, as his role as a farm hand did not involve trying circumstances or significant risk. [Paras 13-15]

Review and Appeal - Procedural Adherence - Tribunal’s Decision Upheld - The court upheld the Tribunal's dismissal of the petitioner’s claim, affirming that the decision to deny ex-gratia compensation was correct given the lack of a direct link between the deceased’s duties and his death. The petitioner's appeal for a review was also dismissed, confirming the initial assessment of the case. [Paras 17]

Decision - Dismissal of Writ Petition - Lack of Merit - The writ petition was dismissed on grounds of merit, with the court concluding that the petitioner’s case did not satisfy the conditions required for ex-gratia lumpsum compensation under the Central Civil Services (Extra-ordinary Pension) Rules. [Para 17]

Service of Summons - Ex-Parte Divorce Decree - Personal Service Requirement - High Court Rules and Orders - Civil Procedure Code, 1908 - Hindu Marriage Act, 1955 - The appellant challenged an ex-parte divorce decree, arguing she was served notice through a newspaper with limited circulation in her area. The court emphasized that all possible efforts should be made to serve the respondent personally. If personal service fails, service should be attempted through an agent or family member, and if that also fails, affixation as per Order V Rule 17 CPC should be followed. The court found that these procedures were not followed in this case. [Paras 5-6]

High Court Rules and Orders - Service by Publication - Procedural Requirements - Remand for Fresh Consideration - The court highlighted that the procedural requirements for service by publication under the High Court Rules and Orders were not adhered to. It was noted that the court must ensure the respondent is informed through appropriate means, including direct service, before resorting to publication. [Paras 4-5]

Decision - Remand for Fresh Adjudication - Procedural Compliance - The appeal was allowed, and the case was remanded to the lower court for fresh adjudication from the stage where the appellant was ordered to be proceeded against ex-parte. The trial court was directed to ensure compliance with the proper service procedures. [Paras 6]

Constitutional Law - Right to Peaceful and Pollution-Free Life - No use of loudspeakers or public address systems without written permission, including in religious places - Restrictions apply to noise levels and times, especially during exams - Directions issued for compliance to ensure right to peaceful living - Petition disposed of with mandatory directions​​.

Constitutional Law - Public Interest Litigation - Environmental and Noise Pollution - Addressed issues including loudspeakers, musical instruments, sound amplifiers, and vehicle horns - Bans on pressure horns and restrictions on sound levels - Specific measures during night and in residential/silence zones - Comprehensive directives issued for effective law enforcement​​.

Environmental Law - Regulation of Noise Pollution - Compliance with Noise Pollution (Regulation and Control) Rules, 2000 - Use of sound-emitting devices restricted by law - Directed authorities to monitor and ensure adherence to noise level standards - Strict penalties for violators established​​.

Arms Law - Regulation of Firearms - No fundamental right to hold firearms - Prohibition on carrying firearms in public gatherings, religious processions, or educational premises - Specific age and conduct-based restrictions for firearm licenses - Directions to ensure compliance with the Arms Act and Rules​​.

Decision - Comprehensive Directions for Enforcement - Detailed orders for Punjab, Haryana, and Chandigarh for noise and firearm regulation - Measures include public awareness campaigns, regular monitoring, and penal actions for non-compliance - Emphasis on protecting public health and maintaining order - Writ petitions disposed with extensive enforcement directives​​.

Pensionary Benefits - Delay in Release - Liability - Administrative Department vs. Treasury Department - Interest Award - The petitioner, retired on 30.04.2014, faced delays in receiving pensionary benefits, with payments ranging from three and a half to eleven months late. The court held the administrative department liable for delays in releasing pensionary benefits, rejecting the argument that the treasury department, as an agent of the administrative department, was responsible for the delays. Interest awarded for the delay in payment of GPF and gratuity. [Paras 1, 2, 5]

Responsibility for Timely Payment - Administrative Duty - Agent Relationship - The court emphasized that the duty to make timely payment of retiral benefits lies with the administrative department, not the treasury. The treasury acts as an agent and does not independently authorize pensionary benefits. Delays attributed to the treasury do not absolve the administrative department of liability for interest on delayed payments. [Paras 5]

Interest on Delayed Pensionary Benefits - Legal Precedent - A.S. Randhawa Case - The court referenced the Full Bench decision in A.S. Randhawa v. State of Punjab, which established that delays exceeding three months in releasing pensionary benefits, without valid justification, entitle the retiree to interest. This principle was applied to award interest to the petitioner. [Paras 6, 7]

Decision - Calculation and Payment of Interest - Compliance Timeline - The court directed the respondents to calculate the interest due on the delayed payment of GPF and gratuity at 9% per annum from the date the amounts became due until payment. The respondents were given two months to calculate the interest and one month thereafter to release the calculated interest to the petitioner. [Paras 8, 9]

Child Welfare - Repatriation of Children - Jurisdiction of Child Welfare Committee - Juvenile Justice (Care and Protection of Children) Act, 2015 - Societies Registration Act, 1860 - Income Tax Act, 1962 - Arya Anathalaya, registered and operating in Ferozepur, caring for children from Jharkhand, challenged the directive to repatriate these children. Court upheld the jurisdiction of the Child Welfare Committee to repatriate children to their home districts after consultation with the concerned Child Welfare Committees of Jharkhand, emphasizing the best interest of the children. [Paras 13-15]

Procedure - Children's Home Capacity - Consultation Requirement - Legal Compliance - The Court held that the repatriation directive must be implemented in a phased manner, ensuring coordination with the concerned Child Welfare Committees in Jharkhand. It highlighted the need to respect procedural requirements and the capacity constraints of the Anathalaya. [Paras 13-15]

Decision - Phased Repatriation - Adequate Notice and Coordination - The directive to repatriate children was upheld but ordered to be implemented in a phased manner with proper consultation. The State's agreement to afford sufficient time for repatriation addressed the petitioner's concerns. [Paras 16-19]

Right to Information - Public Authority - Definition - SGPC, a statutory body established under the Sikh Gurdwaras Act, 1925, is considered a 'public authority' under the RTI Act, 2005. The institutions, though separate legal entities, are offshoots of the SGPC, managed by SGPC and thus also fall under the RTI Act - Petition dismissed​​.

Service Law - Educational Institutions under SGPC - Institutions established and controlled by SGPC, whether receiving government aid or not, are considered public authorities under the RTI Act. SGPC's claim of non-applicability of the RTI Act to unaided minority institutions rejected - Transparency and accountability upheld​​.

Decision - SGPC and Subsidiaries under RTI Act - SGPC and its managed institutions are deemed public authorities under the RTI Act. The plea that these institutions are independent and thus exempt from RTI Act is dismissed. Information must be provided as requested under the RTI Act - Petition dismissed​​.

Writ Petition - Eviction of Son and Daughter-in-Law - Senior Citizen's Property - Jurisdiction of Civil Court Barred - Articles 226 and 227 of the Constitution of India - Section 27 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Petitioner, a senior citizen, sought eviction of his son and daughter-in-law from his house, claiming absolute ownership through a registered sale deed. The District Magistrate dismissed the application, deeming the property ancestral and advising recourse to civil court. Held, the District Magistrate failed to address relevant facts and the statutory bar on civil court jurisdiction under Section 27 of the 2007 Act. Order set aside, matter remanded for fresh consideration. [Paras 7-10]

Cryptic and Non-Speaking Order - Requirement of Reasoned Decision - Senior Citizen's Rights - The Court observed that the District Magistrate's order was cryptic and non-speaking, lacking discussion on key facts and legal provisions. Directed the District Magistrate to reconsider the application with a reasoned order, ensuring adherence to statutory mandates. [Paras 6-10]

Decision - Remand for Fresh Consideration - Protection of Senior Citizens - The impugned order was quashed and the matter remanded to the District Magistrate for a fresh decision. The petitioner was allowed to supplement his application with additional pleadings and documents. The District Magistrate was instructed to decide the matter expeditiously, considering the senior citizen's claims under the 2007 Act. [Paras 11-12]

Landlord-Tenant Relationship - Bona Fide Need - Eviction Order - Mortgage Defense - East Punjab Urban Rent Restriction Act, 1949 - Transfer of Property Act, 1882 - Code of Civil Procedure, 1908 - Tenant claimed the property was mortgaged to him, terminating the landlord-tenant relationship, and possession could only be reclaimed through redemption. Court held that the tenant could not use the mortgage deed as a defense after previously denying its validity. Eviction on grounds of bona fide need upheld. [Paras 22-24]

Eviction Petition - Tenant's Inconsistent Stance - Sham Mortgage Deed - Applicability of Landlord-Tenant Law - Tenant initially denied the validity of the mortgage deed and claimed tenant status. Court held tenant's inconsistent stance invalidated his mortgage defense. The eviction petition was valid as the landlord-tenant relationship continued to exist. [Paras 22-23]

Decision - Dismissal of Revision Petition - Affirmation of Eviction Order - The Court dismissed the revision petition, affirming the eviction order. The tenant's claim of a mortgage was contradicted by his earlier admissions and actions, which the court interpreted as extinguishing the right to redeem under Section 60 of the Transfer of Property Act, 1882. [Para 24-25]

Writ Petition - Forfeiture of Earnest Money - Clerical Error in E-auction Bid - Unjust Enrichment - Article 226 of the Constitution of India - Petitioner submitted a price bid of Rs. 17,900 per quintal instead of Rs. 1,790 per quintal due to a clerical error. Authorities were immediately informed but did not permit rectification, leading to cancellation of allocation and forfeiture of earnest money. Held, there was no wilful default by the petitioner. Retention of earnest money by FCI amounted to unjust enrichment. Directed refund of Rs. 17,90,000 to the petitioner. [Paras 8-10]

Bid Rectification - Clerical Error - Lack of Provision in Tender Conditions - Tender Process - The Court held that despite the absence of a provision for downward revision of bids in the Model Tender Form (MTF), the authorities should have exercised their discretion to correct an apparent accidental error. Petitioner's immediate notification of the error demonstrated the lack of intent to bid at the erroneous higher rate. [Paras 6-9]

Decision - Refund of Forfeited Earnest Money - Just and Equitable Relief - The Court quashed the impugned letters rejecting the petitioner's request for bid rectification and forfeiture of earnest money. Ordered FCI to refund the forfeited amount, acknowledging that the petitioner was a victim of a clerical error and not at fault. [Para 10]