Employment Law - Advancement Grade Eligibility - Appellant, a Graduate Teacher, claimed advancement grade equivalent to the pay scale of Principal, Senior Secondary School, after not receiving any promotions for over ten years - Appellant argued eligibility based on educational qualifications and service length as per the Education Department Recruitment Rules, 1992 - Supreme Court held that although the appellant met educational criteria, he was not from the feeder cadre eligible for promotion to Principal under the Recruitment Rules - Advancement grade pay is linked not just to eligibility by qualifications but also specific criteria like being part of a correct feeder cadre and possessing requisite experience - Dismissal of appeal as appellant did not meet full criteria stipulated for promotion to desired advancement grade [Para 2-3] - Court emphasizes strict interpretation of advancement rules, eligibility for promotion must adhere to specific service cadre and experience requirements as per recruitment rules [Para 3].

Decision: The Supreme Court dismissed the appeal, ruling that the appellant did not qualify for the advancement grade as Principal, Senior Secondary School, under the Sikkim Government Services (Advancement Grade) Rules, 1999, due to not being in the appropriate feeder cadre and lacking the requisite experience, despite fulfilling educational qualifications. [Para 3]

Jurisdiction and criminal intent - Appeal challenging High Court's refusal to quash IPC and NI Act charges related to dishonoured cheques totalling Rs. 2,40,64,022.19 issued for steel products - initial compromise made in Chandigarh, not Faridabad, thus supporting Chandigarh's jurisdiction - Supreme Court affirms that arrangement to withdraw complaints was made in Chandigarh, supporting continued proceedings there despite appellant's contention of Faridabad as jurisdiction [Paras 7, 9].

Breach of Contract or Cheating - Allegation of cheating based on appellants' inducement to withdraw legal complaints following the promise of payment, which was never fulfilled - Supreme Court highlights a planned intent to deceive by shifting civil liabilities and avoiding criminal charges - the conduct of appellants post the compromise indicates mala fides, ruling out mere civil dispute [Paras 8-10].

Dismissal of Appeal - Supreme Court finds no merit in the appeal, emphasizing the clear intent to deceive by the appellants - criminal proceedings to continue without influence from this judgment on matters of contractual performance interpreted as potential criminal conduct [Paras 10-11].

Industrial Disputes - Casual Laborers Regularization – Appeal by Durgapur Casual Workers Union against High Court judgment favoring Food Corporation of India, which reversed Tribunal's award regularizing 49 workers – Tribunal had deemed continuous casualization as unfair labor practice, mandating absorption – High Court reversed based on principles from Secretary, State of Karnataka and Others Vs. Umadevi and Others, asserting appointments were not valid under Articles 14 and 16, hence regularization was improper – Supreme Court set aside High Court judgment, upholding Tribunal award, confirming workers' regularization based on unfair labor practice and non-violation of statutory hiring procedures - [Para 1-24]

Decision: Supreme Court reinstated Tribunal's award for regularization, asserting that continuous casualization constituted unfair labor practice under Industrial Disputes Act – Emphasized compliance with Articles 14 and 16 of Constitution in public employment and judicial restraint in altering employment terms through litigation – Ordered Corporation to implement Tribunal's award from its due date, ensuring justice and fairness in employment practices.

Criminal Law - Murder and assault due to land disputes - Accused convicted for murder following a fatal attack with traditional weapons due to ongoing litigation - Conviction based on eyewitness accounts despite initial hostile witness - Held, the lower court's judgment upheld by Supreme Court, dismissing the appeal. [Paras 2-16]

Evidence - Eyewitness credibility - Despite cross-examination and challenges about the visibility and distance of witnesses from the crime scene, the testimony of PW3 Atmaram and PW4 Chaman Lal held credible - Supported by unobstructed views and immediate proximity to the crime scene - Held, their accounts reliable for convicting the appellants. [Paras 11-13]

Motive and animosity - Enmity stemming from ongoing litigation recognized as motive for the assault - Arguments of animosity influencing false testimony rejected, supporting the trial court’s findings on the motive for murder. [Para 15]

Criminal Law - Murder of Infant – Conviction under Section 302 IPC – Accusation of appellant strangulating his infant daughter and inserting paddy seeds into her mouth – Initial conviction by trial court and affirmation by High Court dismissed by Supreme Court on grounds of unreliable and inconsistent witness testimony and unestablished cause of death – Critical medical evidence suggestive of Sudden Death Syndrome rather than homicidal death, as per final medical opinion – Discrepancies in prosecution's presentation of the sequence of events and witness testimonies, especially under cross-examination where key witnesses turned hostile – Supreme Court allows appeal, setting aside convictions due to insufficient evidence and witness unreliability - Conviction and sentence against appellant Selvaraj under Section 302 IPC set aside. [Paras 1-25]

Detention Order Challenge - Respondent challenges the detention order claiming no imminent bail threat, which was accepted by the High Court but contested in Supreme Court - The High Court quashed the detention based on solitary ground case involvement and absence of bail application, determining a lack of real or imminent threat of release that could jeopardize state security - Supreme Court disagreed, citing preventive detention's broad scope and discretionary application [Paras 2-4].

Supreme Court's Assessment - Emphasized the broad and preventive scope of detention laws - Detention justified by potential future actions not solely past crimes; detention standards reiterated from prior judgments such as Haradhan Saha vs. State of West Bengal and Others - Supreme Court finds the High Court misapplied the principle by focusing on the number of incidents rather than the potential future threat posed by the detenu [Paras 13-17].

Duration and Execution of Detention Order - Discussed whether to enforce remaining detention period post High Court's quashing - Noted the lengthy interval since initial detention and legal developments during intervening period; court suggests reconsideration by the detaining authority rather than automatic continuation of detention [Paras 18-22].

Decision: The appeal is allowed; the High Court's order quashing the detention order is set aside, with the direction for the detaining authority to reconsider the matter in accordance with law, considering the elapsed time and other relevant factors.

Bank Employment - Seniority Dispute - Appellants, originally from MMGS-II, moved horizontally to the Specialist Cadre as Electronic Data Processors in 1997 - Promotees from JMGS-I, who entered MMGS-II in 1997, claimed superior seniority over the appellants, despite appellants' earlier date of MMGS-II appointment in 1996 - Seniority, under Regulation 18 of the 1982 Regulations, is determined by the date of appointment in the respective grade or scale - Horizontal appointees (Appellants) held senior to vertical promotees as per the said regulation, despite contrary claims based on a 2002 Government Circular - Court affirmed the appellants' seniority due to earlier entry into MMGS-II and directed their consideration for further promotion - [Paras 1-9]

Decision - The appeals by the appellants are allowed, affirming their seniority and directing their prompt consideration for promotion to MMGS-III - The appeal by Punjab and Sind Bank is dismissed, rejecting their claim based on the 2002 Government Circular - [Para 9]

Interpretation of Legislation – Cable operator running private channels deemed not within the purview of "Exhibition by means of Video" as defined in U.P. Cinemas (Regulation) Act, 1955, under which he was charged a significant license fee – Supreme Court holds that the provisions of the U.P. Cinemas (Regulation of Exhibition by means of Video) Rules, 1988 are inapplicable to the Respondent's operations, which involve telecasting through cable and not public exhibitions [Paras 3-14]

Legal Obligations of Cable Operators – Respondent registered under Cable Television Networks (Regulation) Act, 1995 and complies with sections relating to cable service operation – Not subject to video exhibition rules under the U.P. Cinemas (Regulation) Act, 1955, thereby exempting him from additional fees for private channels [Paras 6, 10, 14]

Judicial Review – High Court's quashing of license fee demand upheld – District Magistrate's interpretation of "video exhibition" rejected as extending beyond statutory definition – Implication being that cable services and private channel operations do not equate to public video exhibitions as intended under the act [Paras 12-16]

Decision: The appeal is dismissed as the Supreme Court found no legal basis for imposing the disputed license fee, affirming the High Court's decision. There shall be no order as to costs - Application for intervention allowed [Para 16-17].

Criminal Law - Murder and Assault – Conviction upheld by the Supreme Court for appellant (accused No. 1), despite the acquittal of co-accused on similar charges – Trial and High Court convictions based on ocular testimonies and forensic evidence – Examination of injuries and weapons consistent with the charges, particularly, the use of lathis resulting in compound fractures – Credibility of eyewitnesses and their testimonies underlined the appellant’s active participation in the attack leading to a homicide - The High Court's detailed analysis confirmed by the Supreme Court, dismissing the parity argument presented for acquittal - Accused No. 1’s role distinguished from acquitted co-accused based on specific evidence of his involvement in the initial attack and subsequent actions as noted in the first intimation report [Paras 1-14].

Decision: The Supreme Court dismissed the appeal, affirming the High Court's judgment - Accused No. 1 is directed to surrender and serve the remaining life sentence, emphasizing the court's ability to differentiate individual roles and culpability among co-accused, leading to a rejection of the parity argument in this context [Paras 12-14].