Seniority – Retrospective Seniority – Regulation 9 – Petitioners appointed as Junior Engineers-II (Electrical) in 2011 sought seniority over those appointed earlier – Held, in absence of rota-quota rule, seniority to be counted from dates of actual appointment – Petitioners, appointed after respondents already in cadre, cannot claim seniority over them even notionally – Seniority fixed based on date of regular appointment, not earlier selections or wait lists [Paras 1-53].

Legal Principles – Appointment and Seniority – Merit List and Waiting List – Seniority cannot be granted from a date before actual entry into service – Petitioners part of wait list, not directly selected – Only actual appointment determines seniority – Petitioners’ claim for seniority from 2005 invalid as their appointments occurred in 2011 – Court emphasized adherence to established seniority principles and dismissed claims for retrospective seniority [Paras 33-38, 52-54].

Decision: Writ petitions dismissed – PSPCL’s seniority assignment based on date of actual appointment upheld – Interim orders vacated – Petitioners directed to count seniority from actual appointment date in 2011 [Para 54].

Extension of One Time Settlement – Article 226 Jurisdiction – COVID-19 Pandemic – Petitioners sought extension for payment under OTS due to financial difficulties and delay in reimbursement from the Government under the Post-Matric Scholarship Scheme – Court held that Article 226 allows granting of extensions in OTS repayment considering the petitioners’ willingness to pay with interest and the objective of IBC to preserve and improve the financial condition of the debtor – Extension granted despite pending insolvency proceedings [Paras 1-47].

OTS Policy – Flexibility and Equitable Jurisdiction – Various bank policies provide for extensions in OTS – Courts can exercise equitable jurisdiction under Article 226 to extend repayment periods in deserving cases, balancing equities and considering the intention of the borrower to fulfill obligations – Court can grant such relief if it does not adversely affect the interests of other creditors or the corporate debtor’s assets [Paras 26-32].

Decision: Petition allowed – Time granted to make payment along with 9% simple interest – Petitioners to pay the remaining amount in two quarterly installments, Rs. 25 lakhs by 31.12.2020 and the balance by 31.03.2021 – Respondent bank to calculate due amounts and inform petitioners in advance [Paras 40, 47].

Criminal Procedure – Second Bail Petition – No New Developments – Petitioner filed second bail petition under Section 439 CrPC after withdrawing the first petition – No new developments or changes in circumstances since the first petition – Second petition deemed a review of the earlier judgment, not permissible in criminal law – Bail denied [Paras 1-11].

Criminal Law – Previous Cases and Criminal Disposition – Petitioner involved in six cases, four under the NDPS Act, besides one conviction – Petitioner’s criminal disposition and interest of society considered – Bail denied to prevent societal risk [Paras 8-9].

Decision: Second bail petition dismissed – No change in circumstances since withdrawal of first petition – Judicial precedent cited disallowing review in criminal bail matters [Paras 11-12].

Motor Vehicle Act – Compensation – Deduction for Financial Assistance – Deceased, employed as Khalasi in Delhi Development Authority (DDA), died in a road accident – Tribunal awarded compensation but deducted Rs.26,67,168/- for financial assistance under Haryana 2006 Rules – Held, deceased was a DDA employee, not covered by Haryana Rules – Deduction erroneous, not applicable – Compensation re-assessed without deduction – Tribunal's observation corrected [Paras 1-23].

Judicial Conduct – Bona Fide Error – No Disciplinary Action – Tribunal's error deemed bona fide, arising from incorrect assumption about deceased's employment – Legal system acknowledges judges’ fallibility – Appeals and revisions provided to correct such errors – No action warranted against judicial officer absent misconduct or extraneous influences – Emphasis on judicial sensitization to prevent recurrence [Paras 23-27].

Decision: Appeal allowed – Deduction of Rs.26,67,168/- from compensation reversed – Total compensation re-assessed to Rs.36,26,069/- with interest at 7.5% per annum – Directions issued for judicial sensitization through Chandigarh Judicial Academy [Paras 25-28].

NDPS Act – Default Bail – Incomplete Challan – Petitioner sought default bail under Section 167(2) CrPC as the challan was presented without the report of the chemical examiner – Division Bench in Ajit Singh alias Jeeta held that such a challan is incomplete, entitling the accused to default bail – However, two Single Benches declared this judgment per incuriam – Matter referred to a larger bench due to conflicting judgments [Paras 1-10].

Judicial Discipline – Stare Decisis – Per Incuriam – Doctrine of stare decisis ensures uniformity and certainty in law – Smaller Bench cannot declare a larger Bench's judgment per incuriam – Reference made to Division Bench for validity of Single Bench judgments – Petitioner granted bail pending resolution due to unsettled law causing confusion [Paras 5-12].

Decision: Petitioner granted bail on furnishing bail and surety bonds to satisfaction of trial court – Matter referred to Hon'ble Chief Justice to constitute a Division Bench for urgent consideration [Paras 11-12].

Default Bail – Indefeasible Right – Reasonable Opportunity – Petitioner applied for default bail under Section 167(2) CrPC due to incomplete challan without FSL report – Bail granted but bonds furnished after court hours – Held, default bail is an indefeasible right, not defeated by late submission of bonds if reasonable opportunity to fulfill conditions is given – No requirement in CrPC for immediate readiness with bail bonds – Court must allow time to fulfill conditions based on case facts – Order rejecting bonds for lateness set aside, petitioner granted another opportunity [Paras 1-13].

Judicial Reasoning – Interpretation of Bail Provisions – FSL report filed on day of bail order does not negate right to default bail if initial challan was incomplete – Courts must not demand immediate bail bond fulfillment – Justice requires reasonable opportunity for accused to comply, avoiding miscarriage of justice [Paras 10-11].

Decision: Revision petition allowed – Impugned order set aside – Petitioner granted another opportunity to furnish bail bonds and sureties to trial court’s satisfaction [Para 13].

Eviction – Bonafide Need – Burden of Proof – Landlord sought eviction for settling son and daughter-in-law, claiming no other business space – Held, landlord’s averments of no other space sufficient, tenants must disprove – No need for landlord to prove non-existence of premises if such situation never existed – Landlord’s silence on rear residential portion of the building does not impact maintainability of eviction petitions – Orders of eviction upheld [Paras 1-37].

Eviction – Suppression of Facts – Fourth Shop – Landlord admitted fourth shop with separate electricity meter used as a store – No suppression as site plan disclosed it – Landlord did not benefit by withholding information – Plea of suppression by tenants rejected [Paras 34-36].

Decision: Revisions dismissed – Orders of eviction by Rent Controller and Appellate Authority upheld – Stay applications also dismissed [Paras 38-40].

Juvenile Justice – Bail to Juvenile – Statutory Mandate – Petitioner, a juvenile, sought bail under Section 12 of the Juvenile Justice Act – Bail to juveniles is a rule, denial is an exception – Court must release a juvenile unless one of the three exceptions in Section 12(1) applies: association with known criminals, exposure to moral danger, or defeating the ends of justice – Gravity of the offense not a consideration for bail – Petitioner granted bail, as none of the exceptions applied [Paras 1-13].

Legal Principles – Non-obstante Clause – Section 12 of Juvenile Justice Act – Section 12 overrides provisions of the CrPC – Prior dismissal of default bail under Section 167(2) CrPC does not affect the bail application under Section 12 – Juvenile’s prolonged detention not justified, bail granted subject to conditions [Paras 9-12].

Decision: Revision petition allowed – Impugned orders denying bail set aside – Petitioner ordered to be released on bail – Conditions imposed for the legal guardian to monitor the juvenile [Paras 11-12].

Contracts Labour (Regulation and Abolition) Act – Employer-Employee Relationship – Reinstatement – Labour Court found that claimants, shown as employees of Contractors, were actually employees of the petitioner company – Registration under the 1970 Act did not specify the nature of work performed by the claimants – Held, Labour Court correctly held claimants as employees of the company, reinstating them with all benefits – Petitioners failed to prove claimants were employed by Contractors [Paras 1-27].

Burden of Proof – Continuity of Service – Documentary Evidence – Petitioner claimed workers were employed by Contractors but failed to produce documentary evidence – Labour Court assessed evidence correctly, finding continuous work with the company – No appointment letters from Contractors, and petitioner destroyed older records – Labour Court’s findings upheld [Paras 21-25].

Decision: Writ petitions dismissed – Labour Court’s award reinstating claimants with full back-wages and continuity of service upheld – Petitioner’s applications rendered infructuous [Paras 27-29].