Pension Regulations of the Army Rules, 1973, Rule 173 -- "Astrocytoma" - is brain cancer/tumour which also ex facie appears not to have been attributable to nor aggravated by military service...........
Punjab Civil Services Rules, Volume II, Rule 2.2(a) -- Departmental inquiry - Petitioner was previously dismissed from service on account of incident of misbehavior - Once, petitioner has been awarded punishment by department for misconduct during his service, then after retirement on basis of same misconduct which resulted into conviction another punishment cannot be..........
Maharashtra Universities Act, 1994, Section 8(3), 14(8), Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Non-Teaching Employees Revised Pay) Rules, 2009, Rule 17 -- Pay scale - Benefits of 5th Pay Commission - Non-teaching staff of unaided colleges - As per S.14(8) of the Act, Vice-Chancellor can issue such order if only Universities Act,..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Service -- Termination - On account of involvement in a criminal case - Acquittal on ground of benefit of doubt - Employee is entitled to all service benefits including continuity of service, except any back wages...........
Legal Services Authorities Act, 1987, Section 22B, 22A(b) -- Permanent Lok Adalats - Cannot perform adjudicatory function and proceed to decide claim based on tortuous liability merely because petitioners are operating public utility service u/s 22-A(b) of the Act - Award passed by Lok Adalat set aside - Petition allowed...........
Service -- PEPSU Road Transport Corporation - Regulation 1992 - Corporation had taken due care to inform all its Headquarters and Depots and all concerned about Regulation - Even the regulation circulated to all General Managers with endorsement to be put on the Notice Board - It is not necessary for corporation to give individual notice to all employees, as the Regulation..........
Service -- PEPSU Road Transport Corporation - Suit for declaration to the effect that plaintiff is entitled for pension and commuted pensions - Employees of corporation were governed by Contributory Provident Fund (CPF) Scheme prior to 1992 - Pension scheme was introduced after Regulation 1992 - Plaintiff retired in 2011 and after retirement received CPF benefits without..........
Service -- Departmental inquiry - Interference by Courts - Non application of mind by Enquiry Officer or the Disciplinary Authority and non recording of reasons in support of conclusion arrived at by them are grounds on which writ Courts are justified in interfering with the orders of punishment...........
Service -- Departmental inquiry - Interference by Courts - Writ Court is very slow in interfering with the findings of facts recorded by departmental authority on the basis of evidence available on record - However, writ Court would certainly interfere with disciplinary enquiry or resultant orders passed by competent authority on that basis if enquiry itself was vitiated..........
