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If the petitioner is permitted to continue only on the sole ground that he has completed nine years’ service, it would legalize his illegal act. It would prompt many other candidates to play such tactics and get a job. It is a matter of chance that his illegality was unearthed.
“With her mother educated only up to 10th standard and her father working abroad as a painter, the petitioner was aspiring to become a doctor and had put all efforts into joining the MBBS course.”
“The decision to reject the claim on technical grounds, despite their own acknowledgment of administrative fault, reflects a hyper-technical and insensitive approach inconsistent with the welfare nature of the ex-gratia scheme.”
In the present case, the Karnataka State Law University hiked the fee charged by students by 128 per cent.
“The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.”
“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”
The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.
The Court stated that the present case is a stark reminder of the systemic inequity that daily wage workers suffered often under the garb of technicalities and institutional inaction.
“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”
“The accused’s parole was denied by the District Magistrate as the victim’s mother had raised safety concern and also because during his previous parole, an FIR was registered against him for involvement in an altercation.”
‘Ex-servicemen retire from the armed forces in large numbers every year, at a comparatively younger age to their civil counterparts. However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged.’
If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.
‘Certificate of Assistant Lineman was not verified diligently during his probation period, and it was clearly due to the laxity displayed by the employee concerned that the appointment went through in spite of lack in requisite qualifications, thereby denying a rightful candidate his opportunity of public employment.’
“If the State, whose duty it was to bring the offenders to justice, took sides with an accused and permitted him to dictate the manner in which the investigation against him was to progress, it would be antithetical to the concept of ‘the rule of law’.”
“Furlough is not a matter of right, rather, it is a discretionary concession that may be granted or denied based on established criteria, circumstances, and the authority’s judgment”.
It is no longer res integra that fiscal health consideration is relevant for a corporation to decide the commencement date of enhanced pensionary benefits.
An arbitrary review of a predecessor’s order is impermissible in law if the same is not void or contrary to the statutory provisions.
This Court cannot decide question of inclusion of retired officials of Paramilitary Forces (CRPF, BSF, CISF etc.) in the definition of Ex-Serviceman. It is a policy matter, and the State has to decide the issue.
“If the action of official respondents is not set at naught, it would legalize their action. It would create undue benefit in favour of private respondents as well as encourage officers to follow the same practice. It would be violative of Articles 14 and 16 of the Constitution of India because seniority and promotions are facets of conditions of service.”
“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”