Service -- Dearness allowance (DA) and Dearness relief (DR) - DA is paid to serving employees whereas DR is paid to pensioners - Object of both DA and DR is common, which is to enable serving employees/pensioners meet the exigencies of inflation - Since, inflation hits both serving and retired employees with equal force, therefore, fixing different rates of enhancement of..........
Service -- Regularization - Contractual employee - State having availed of appellants services on sanctioned posts for over a decade pursuant to a due process of selection and having consistently acknowledged their satisfactory performance, cannot in the absence of cogent reasons or a speaking decision abruptly discontinue such engagement by taking refuge behind formal..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband faced any mental cruelty from wife on account of being bald, having dark complexion and suffering from lameness - Such a ground for obtaining a decree of divorce appears to be arbitrary and concocted - Divorce petition rightly dismissed...........
Service -- Recruitment of pharmacist - Minimum qualification - Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational - There is no absolute exclusion of graduate or postgraduate degree holders - They remain eligible, provided they possess essential qualification of Diploma in Pharmacy - No..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Policy decision -- Policy decision though executive in nature binds the Government and Government cannot act contrary thereto, unless the policy is lawfully amended or withdrawn - Any action taken in derogation of such a policy, without amendment or valid justification is arbitrary and violative of Art.14 of Constitution...........
Service -- Recruitment - Change in selection process after interviews were held i.e when all stages of participation by a candidate in selection process were over, cannot be termed transparent and does not have a rational nexus to object sought to be achieved - Change in selection process rightly declared as arbitrary by High Court...........
Judicial review -- Tender - In tender matters, Court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid - Only in cases where such decision is dehors terms of notice inviting tender (NIT) or is patently arbitrary then Court exercises powers of judicial review and set aside such a decision...........
Armed Forces Tribunal Act, 2007, Section 30 -- Appeal - Scope of - Court in appellate jurisdiction u/s 30 of the Act would be slow in interfering with substituted punishment, unless order passed by Tribunal is found to be arbitrary, unreasonable or capricious...........
Tender -- Court - cannot sit over judgment on what should be the eligibility criteria in the tender notice unless the same is arbitrary, discriminatory or actuated by mala fides...........
