Latest Update

Update 02.04.2020

  1.         Constitution of India, Art.  14, 15 - Department of Medical Education and Research has been consistently adding a requirement of a pass in +2 also from a recognized institution situate in Punjab - Notification prescribing the residential status in Punjab and also requiring a 10+2 is founded on a primacy of importance to `local candidates', a practice adopted literally by every State Government and what have found a judicial approbation.  (178) PLR 
  2.         Constitution of India, Art.  14, 16 - 5th Pay Commission - Punjab Civil Service (Revised Pay) Rule, 2009 - Financial resources/implications would be relevant criterion for the State to determine as to what benefits could be granted pursuant to the recommendations made by the Commission and with effect from which date - It would be open for the State to deviate from the recommendations made by the Commission but on a reasonable and rational basis - Grim financial health of the State and granting upgraded pay scales would entail huge financial implications, were the factors taken note of - A concious decision was taken. (177) PLR
  3.         Constitution of India, Art.  14, 16 - Appointments as EET Teachers - Age Relaxation - Any relaxation given to an individual candidate will result in violation of equal protection laws in Articles 14 and 16 of the Constitution of India as the relaxation, if granted, would have to be given to all the candidates across board which would inevitably lead to readvertising the posts and therefore, neither it is possible nor feasible to even consider entertaining a thought for issuing a direction to the State Government of the kind prayed for.(181) PLR
  4.         Constitution of India, Art.  14, 16 - Compassionate appointment - It is not a correct legal decision any longer that public post can be kept reserved to await minor turning major to provide him a job as per his qualifications - No policy on compassionate appointments has been placed on record from where alone rights may follow. (183) PLR
  5.         Constitution of India, Art.  14, 16 - Compassionate appointment is not a right but is a concession - It is an exception to the normal scheme of appointment as envisaged under Articles 14 & 16 of the Constitution of India, whereby a regular procedure of posts being advertised, criteria/eligibility conditions being stipulated and all eligible candidates being given a chance to compete is envisaged - Compassionate appointment cannot be seen as a mode of recruitment - Ground of parity cannnot be invoked to perpetuate an irregularity and  illegality - Prayer made by the petitioner seeking compassionate appointment in a writ petition instituted in the year 2013 in relation to the death of his father that occurred in the year 2004 cannot be entertained.   (173) PLR
  6.         Constitution of India, Art.  14, 16 - Haryana Consumer Protection Rules 2004 - Eligibility conditions for the appointment to the posts of President Consumer Disputes Redressal Fora, Haryana - It is open to the Selection Committee, which has been constituted under Section 10(1-A) of the Act to formulate its own criteria for selection of the candidates - Fixing Rs.5 lacs per annum as income of the candidate - Quantum of professional income in the income tax returns would certainly reflect as regards the standing of the candidate in the profession - Such a criteria cannot be termed as irrational - Although the quantum of income need not necessarily always reflect the caliber and capacity of a practicing Advocate, but there can be no doubt that generally it reflects and indicates a reasonable amount of practice as an Advocate - Consumer Protection Act, 1986 (68 of 1986). (175) PLR
  7.         Constitution of India, Art.  14, 16 - In the matter of revision of pay scales, whatever action was to be taken, it was to be taken up by the respondent authorities  v.  had no role to play in the entire process - It is neither pleaded nor argued on behalf of the respondent State that petitioner had been at fault at any point of time - Further, entitlement of the petitioner had also not been in dispute - Revision of pay scale was made effective arbitrarily from a later date i.e. 01.09.1993, instead of making it effective from the date it ought to have been made effective i.e. 01.05.1990 - Respondent authorities acted in an arbitrary and discrimination manner - Their action has been found to be violative of Article 14 and 16 of the Constitution of India and such an action cannot be sustained. (174) PLR
  8.         Constitution of India, Art.  14, 16 - Merger of posts of Hostel Attendants and Clerks in the Chandigarh College of Architecture - When the Tribunal issued directions to review the previous decision or to re-consider the matter regarding merger of two cadres, there exists substantial difference in the academic qualifications, pay-scales and even the nature of duties are also not identical - Any blanket direction of merger would amount to equating two unequals and the Courts' own direction would be hit by Articles 14 & 16 of the Constitution - Further, it shall, in a way, amount to directing the respondents to amend the Statutory Rules formulated under proviso to Article 309 of the  Constitution - Chandigarh College of Architecture, Chandigarh (Group `C') (post non-ministerial) Rules, 2013.  (179) PLR
  9.         Constitution of India, Art.  14, 16 - Multi-purpose Health Worker - Eligibility criteria advertised that the applying candidate should hold the diploma in MPHW from a Government institution registered with Haryana Nursing Council - This condition was mandatory - It is for the employer to lay down the qualifications to fill public posts which authority remains within its domain as it carries the duty of running Government institutions and departments on its own terms - There appears to be reasonable classification between Government and private run institutions - Challenge to the notified qualifications/eligibility criteria - Government and private institutions form separate classes and the Government would remain well within its right to reasonably classify qualifications and to select one from the other and to apply it uniformly to all candidates as have applied - The question of unfair discrimination under Articles 14 and 16 of the Constitution is turned down. (175) PLR
  10.         Constitution of India, Art.  14, 16 - Petitioner who are Head Constables in Punjab Police were deputed to serve in Vigilance Bureau Punjab in the exigencies of administration long years ago - They have approached this Court against their repatriation to the parent department on administrative grounds - Status of the petitioners is no more than of employees on deputation and they cannot be heard to insist as a matter of right that they should be continued in the Vigilance Bureau and their services absorbed therein - If the Vigilance Bureau is not a department of Government with a regular cadre then no person has a right to insist that they be encadred and even if it was, even then they could not insist on absorption - This is a matter of State policy - Administrative grounds have been shown to the court in the accompanying written statement in tune with the changing times.  (183) PLR
  11.         Constitution of India, Art.  14, 16(1) - Plea of discrimination can be raised only amongst equals - Once none of the category of employees, to which the petitioners belong, are working in the office enjoying Saturday as a holiday, the petitioners cannot be granted extra wages for working on Saturdays as all the employees in the cadre of the petitioners are working for six days in a week - As the respondent-workmen are not employees working in the office, rather they are working as Beldar, Fitter and Mali in the field.  (183) PLR
  12.         Constitution of India, Art.  14, 21, 32, 141, 142  - Guidelines and directions can be issued by the Supreme Court including a command for compliance of guidelines and standard operating procedure issued by Government of India, Ministry of Road Transport and Highways, till such time as the legislature steps in to substitute them by proper legislation -  This Court can issue such directions under Article 32 read with Article 142 to implement and enforce the guidelines which are necessary for protection of rights under Article 21 read with Article 14 of the Constitution of India so as to provide immediate help to the victims of the accident and at the same time to provide protection to Good Samaritans. The guidelines will have the force of law under Article 141 - By virtue of Article 144, it is the duty of all authorities  judicial and civil  in the territory of India to act in aid of this Court by implementing them - Constitution of India, Article 14, 21. (2016)3 PLRSC 823
  13.         Constitution of India, Art.  14, 226 - Stale or a dead issue/dispute cannot be got revived even if such a representation has either been decided by the authority or got decided by getting a direction from the court as the issue regarding delay and laches is to be decided with reference to original cause of action and not with reference to any such order passed - Delay and laches on the part of a government servant may deprive him of the benefit which had been given to others - Article 14 of the Constitution of India, in a situation of that nature, will not be attracted as it is well known that law leans in favour of those who are alert and vigilant - Even equality has to be claimed at the right juncture and not on expiry of reasonable time - Even if there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a reasonable time.  (179) PLR
  14.         Constitution of India, Art.  14  v.  are semi-skilled workers of Markfed Cottonseed Processing Plant, Gidderbaha (Punjab) - Pay scale of a Stenographer or responsibilities of a Clerk are entirely different from scales and responsibilities of semiskilled workers as the petitioners are in this case - No doubt work of the petitioners is hard and involves manual labour and also involves risk to life and limb but this factor ipso facto is not a circumstance to place them in pay scales available to employees of clerical cadre. (174) PLR
  15.         Constitution of India, Art.  14 - A miller that seeks for allotment of paddy for milling has no statutory legal right to demand the allotment except in a situation where he is able to show discriminatory treatment or any aspect that would fall foul of the rule of equality enshrined under Article 14 of the Constitution - A policy term that picks and chooses for its customer a candidate who owes no amount to the State or its agency cannot be taken to be arbitrary at all. (178) PLR 
  22.         Constitution of India, Art.  14 - A person, who is inducted in government service in a particular post shall be entitled to any revision of pay scales attached to any post and it cannot be denied on the only ground that the Corporation where they were working did not provide to its employees the revised scales in the posts respectively held by them - When an employee had joined yet another organization and the scales in particular post have been revised, the benefit of such revision of scales shall be given on a principle of fair play and equity that in the same organization there were not two different scales for persons occupying the same posts. (173) PLR 6
  23.         Constitution of India, Art.  14 - A person seeks for a privilege by applying for a dealership from the Corporation -  Such grant of largesse could be attached with such condition as it is amenable for the object which is sought to be achieved - Court intervention on issues of policy are minimal only to examine whether there is a policy that can identify intelligible differentia and bring about a nexus to the object sought to be achieved - The intelligible differentia here are the gradations dependent on educational qualifications and the object sought to be achieved is to empower section of people who are educated and who would also fulfill certain other norms relating to property holding identifying property for locating the business etc. - I will not find this to be arbitrary for a judicial intervention - LPG dealership. (177) PLR
  24.         Constitution of India, Art.  14 - A provision, statute or law shall not be declared to be unconstitutional and void solely on the ground of unjust and harsh provisions or it violates some natural, social, political or economic rights of citizen, unless it is established that such injustice infact is prohibited or violates the rights guaranteed or protected by the Constitution of India - Haryana Tax on Luxuries Act, 2007 (23 of 2007). (183) PLR
  25.         Constitution of India, Art.  14 - Bicycle and Sewing Machine Research and Development Centre, Ludhiana - Parity in the pay scale is sought by the petitioners-draftsmen averring that the respondent/Centre is a subsidiary of the Industries Department, Punjab and, thus, should not be treated differently in the matter of grant of pay scale - Different pay scales were given to the different draftsman working on different posts carrying different  nomenclature - Till time, the scales of pay of the Government of Punjab are adopted by the Governing Council of the respondent-Centre, those would not become applicable. (175) PLR
  26.         Constitution of India, Art.  14 - Equality principles in Article 14 do not tolerate vacuum - The cure must immediately be administered to remove right deprivation by rejecting requests made by the State for long adjournment or to await the recommendations of the Pay Commissions - If the Pay Anomaly Committee has been wound up another one could have been set up to enter the dispute and resolve it - If Government has failed it does not mean that the court must also fail in its constitutional duty to tackle the issue. (183) PLR
  27.         Constitution of India, Art.  14 - Every discrimination will not found a claim for court interference - The discrimination must be unfair, hostile and unreasonable, practiced among equals to an extent interference is demanded - People who work in plant nurseries and in public offices are not equal - They form two separate classes which are not homogeneous -  Similarly, unequals cannot be treated alike as that would infringe Article 14 of the Constitution. Held, the writ jurisdiction ought to be invoked in a case of this kind which authority is meant to come in aid of cases of hostile and invidious discrimination such as amongst those who were equally placed in the same nursery or string of nurseries governed by one department of the Government and are being treated unequally and unfairly, then court intervention is possible and must follow. The special type of work performed in farms, gardens and nurseries by themselves is the singular object and the intelligible differentia dividing the two groups of employees separating workers in nurseries from those who perform duties in Government offices. (178) PLR
  28.         Constitution of India, Art.  14 - Extraordinary steps taken by them to close club facilities for members and curtail the petitioners who are life time members to annul membership unilaterally to be unjustified. (177) PLR
  29.         Constitution of India, Art.  14 - Milling Policy, 2013-14, Clause 11H(C) - Expression `family' however obtains an extended meaning while examining the case of a defaulter where through an independent clause - If any member of a family of a defaulter rice mill seeks for allotment, he shall also be treated as defaulter and in such case proof of separate residence/separate family shall not itself be sufficient to prove that his project is not being financed/promoted by his defaulter family members/blood relation. (178) PLR 
  30.         Constitution of India, Art.  14 - Milling policy 2013-14 - No miller can dictate to the State that it will have litigation pending in various forums where the liability inter se is not fully decided but they shall still have the State's favour to their benefit - Such a contention is grossly unfair to the interest of the State. (178) PLR 
  31.         Constitution of India, Art.  14 - Municipal Solid Waste (Management and Handling) Rules, 2000 - Power of the Writ Court are plenary in nature and in exercise of such power, the Court can embark an inquiry into the disputed questions of facts as well, but whether such powers should be exercised or not is one of the discretion. (173) PLR
  32.         Constitution of India, Art.  14 - National eligibility-cum-Entrance Test 2003 - Admission to various MBBS/BDS Courses - Reservation Policy - Respondent/State is not giving reservation to Cancer/AIDS victims on the ground that the other persons suffering from other deadly diseases would also put up their claim and that Cancer/AIDS victims cannot perform well due to their physical ailments and on the other hand the State of Punjab vide notification dated 2.7.2013 which has been issued three days prior to the corrigendum dated 5.7.2013 has offered reservation of 1% to the students suffering from Cancer/AIDS/Thalassemia in the Degree Level Courses in Engineering & Technology in various colleges, including MBA/MCA & B.Pharmacy which clearly shows that the State has not taken any conscious decision as alleged, as the reservation has been provided to not only Cancer/AIDS students but also to the students suffering from Thalassemia - Apparently, the action of the respondents much less the impugned notifications are patently illegal as it offends Article 14 of the Constitution of India. (173) PLR
  33.         Constitution of India, Art.  14 - National Health Mission - Multipurpose Health Worker - When decision maker in the National Rural Health Mission decided not to continue male workers to serve in urban slum areas to spread the work of the scheme and to continue the programme alone with females workers, the decision then cannot be said to be unreasonable or arbitrary. (182) PLR
  34.         Constitution of India, Art.  14 - Power of judicial review in the matter of awarding contract conferred by Article 14 is wide, which enjoins the public authority to act fairly, reasonably by excluding irrationality and arbitrariness - But the power of judicial review in a concluded contract is limited and is not all pervasive as in the matter of awarding of contract - The Writ Court in exercise of judicial review can intervene even in respect of concluded contracts if the contract is statutory contract or there is a public law element in it - Municipal Solid Waste (Management and Handling) Rules, 2000. (173) PLR
  35.         Constitution of India, Art.  14 - Punjab New Capital (Periphery) Control Act, 1952 (1 of 1953) - Extension of the provisions of 1952 Act in and around Chandigarh is in furtherance of the legislative policy to ensure regulated development of the area and to prevent haphazard constructions which often result into slums - The laudable object behind Section 3 of 1952 Act which enables the State Government to bring an area within the ambit of the Statute after issuing a notification, thus, cannot be faulted with nor its importance can be undermined - It does not violate Article 14 of the Constitution as it has been applied uniformly. (177) PLR
  36.         Constitution of India, Art.  14 - Strikes at arbitrariness and guarantees `equality before law' and `equal protection of law' - This provision in the Constitution forbids `class legislation' but permits `reasonable classification' founded on intelligible differentia and rational nexus with the object sought to be achieved - Thus, Art. 14 ensures that there should be no discrimination or a group of class in a class, leading to class legislation. (174) PLR
  37.         Constitution of India, Art.  14 - Tender - State is, however, entitled to insist upon the quality of the products and services to be acquired by it conforming to certain specifications and to meet the stipulated parameters - The State is entitled to ensure this by any reasonable means - So long as the list is approved in a reasonable and fair manner, the stipulation to this effect cannot be held to be arbitrary or unfair. The party inviting tenders is entitled to determine the manner in which the list of approved suppliers or manufacturers is to be arrived at - There is no set formula for the same - Reliance upon a committee of experts for this purpose is one such method. (183) PLR
  38.         Constitution of India, Art.  14 - Terms and conditions of the notices inviting tenders must also satisfy the mandate of Article 14 - They must be reasonable, fair and rational - They must not be unfair or arbitrary - These parameters, however, are not restricted to the subject matter of notices inviting tenders - They must be extended to anything arising therefrom, related thereto or in connection therewith - Challenge to the maintainability of the petition on the ground that the petitioner is not a bidder must, therefore, fail. (183) PLR
  39.         Constitution of India, Art.  14 - Where the State or its instrumentalities invites tenders and specifies the approved makes, manufacturers or suppliers, they must be open to considering other manufacturers, suppliers and makes as well - It is indeed not possible for the party inviting tenders to consider every manufacturer, every supplier and every make while specifying the list of approved manufacturers, suppliers and makes - However, if a demand is made by a party for having its products or services also considered, the party inviting tenders must entertain the application and evaluate the same on its own merits. (183) PLR
  40.         Constitution of India, Art.  14 -Strange anomaly in pay scales in the Department of State Transport where Senior officers are drawing basic pay lower than the feeder cadre post of Assistant Mechanical Engineer etc. - Since the anomaly is not disputed and exists for a long time these petitions deserve to be allowed - They are accordingly partially allowed - A mandamus is issued to the respondents to consider granting pay scale one step higher than that of Assistant Mechanical Engineers with effect from the date the anomaly arose - Meanwhile, the pay of the petitioners will be stepped up to that of their juniors to bring relief to them without prejudice to their rights to a pay scale above the pay scale of Traffic Managers, Works Managers, Assistant Mechanical Engineers - Character of this order is prophylactic in nature to act as a pontoon bridge to the goal till a permanent and abiding solution is found to the vexed problem. (183) PLR
  41.         Constitution of India, Art.  14 or 16 - Land Acquisition Act, 1894 (1 of 1894) - Land acquired - Employment - Had submitted his application in the year 2006 claiming that he was minor at the time of acquisition of land, as such, his claim should be considered - Employment sought for in the present case is not a public employment and the relief granted was in addition to the statutory benefits under the Land Acquisition Act - No enforceable statutory legal right available to the petitioner to invoke the provisions of Article 14 or 16 of the Constitution of India. (173) PLR 


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