Reported in : 2010(1)KLT790
.....pension and not the petitioner.3. i have considered the rival contentions in detail.4. by exts.p5 and p6 judgments, civil courts have accepted the fact that the petitioner is the legally wedded wife of krishnan nambiar in a suit filed by krishnan nambiar himself. once a competent civil court declared the marital status between krishnan nambiar and the petitioner, that too, in a suit filed by krishnan nambiar for a declaration to the contrary, that judgment is binding on all including the government and the 5th respondent, who cannot have a better right in respect thereof than the husband himself. that being so, the question of the government and the 5th respondent being not bound by those judgments does not arise, because the 5th respondent can claim only under krishnan nambiar. when the civil courts declared that the legal wife of the said krishnan nambiar is the petitioner, then krishnan nambiar could not have validly contracted another marriage with the 5th respondent or any bodyelse. the k.s.r. does not give any right on him to nominate a specific person to receive family pension when his legally wedded wife is alive. since rules provide for family pension only to the.....
Tag this Judgment! Ask ChatGPT.....compelling the 1st respondent to consider and dispose of ext.p2 in accordance with law.(ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to value the answer script to the petitioner which she wrote pursuant to ext.p1.(iii) to declare that the non-bubbling of the alpha code in the answer book is only a curable defect and that the respondents are bound to afford an opportunity to the petitioner to correct the defect and then value the answer book.2. a learned single judgment of this court has in w.p.(c) no. 29243 of 2004 held in similar circumstances where the candidate had not darkened the bubbles in the omr answer script showing the code of the question paper booklet, that the commission was right in invalidating the answer script. it was held that as the petitioner did not comply with the instructions issued by the kerala public service commission by entering the code number of the question paper booklet in the appropriate place provided in the answer script, the commission was not bound to value his answer script. in w.p.(c) no. 34380 of 2008, where the register number was incorrectly entered another learned single.....
Tag this Judgment! Ask ChatGPT.....input, we agree with the learned counsel, must also be realistically taken into account.9. that takes us to the question as to what should be the actual amount reckoned as the multiplicand for the entire period of 13 years which is accepted as the multiplier again following the dictum in sarla (supra). in that event, giving due allowance for the deduction by way of income tax, giving due allowance for the improvement in prospects during the period during which the deceased was employed by the k.s.e.b and the possible decrease in income after he retires on superannuation, we have to fix a reasonable multiplicand. taking all the relevant inputs into account, we are satisfied that rs. 7,500/- can be reckoned as the multiplicand.10. the learned counsel for the appellants placing reliance on the dictum in sarla (supra) again contends that mechanical deduction of 2/3rd from the monthly income of the deceased is not reasonable or proper. six souls - 4 minors, an aged mother and young wife were all depending on the deceased. going by paragraph 30 of sarla (supra) only 1/4th can be deducted as the personal expenses of the deceased. when the number of dependant family members are 4 to.....
Tag this Judgment! Ask ChatGPT.....working under the lakshadweep government press because there is a separate recruitment rules for lakshadweep govt. press. therefore in the light of facts and circumstances as explained the contentions of the applicant are bereft of any merit and should be dismissed. 5. arguments were heard and documents perused. 6. the details of the acps shows that it is meant for those employees who are eligible for promotion but face genuine stagnation for want of adequate promotional avenues. in order to be eligible for the benefits of acps, an employee has to fulfill normal promotion norms. however in case of isolated posts financial up gradation is given to the next higher standard pay scale. 7. the applicant was aware as early as 1993 that the status of solitary post for the post of binder gr. i got extinguished when it was made a feeder post for promotion to the post of printing press operator and that he was not eligible for promotion to that post. it was open to him to represent against or to challenge the prescription of the same educational qualification for direct recruitment and promotion to the post of printing press operator at the appropriate forum within the period of.....
Tag this Judgment! Ask ChatGPThon'ble mr. george paracken, judicial member the applicant is aggrieved by annexure a-1 order dated 05.01.2010 by which he was transferred from cochin base to chennai base. immediately on receipt of the said order, he made annexure a- 2 representation stating that he reported for duty in fsi on 05.01.1979 and working continuously and faithfully since then. he has submitted that his request to cochin base was on medical grounds as he was suffering from heart diseases. he was also met with an accident in april, 2009. he has got an unmarried daughter and proposals for her marriage is going on. 2. shri sunil jacob jose, scgsc has accepted the notice. 3. we heard mr. tcg swamy, learned counsel for applicant and shri sunil jacob jose, learned senior central government standing counsel. in our consider view this oa can be disposed of at the admission stage itself by directing the 2nd respondent to consider annexure a-2 representation of the applicant and dispose of the same in accordance with rules as early as possible. till such time, the applicant's transfer from cochin base to chennai base is stayed. there shall be no order as to costs.
Tag this Judgment! Ask ChatGPT.....to till date without proper sanction of leave from the competent authority. absent from duty unauthorisedly is a serious misconduct. he has thus violated rules 3 [1] [ii] and [iii] of railway services conduct rules 1966." 3. without going into the merits of the case, learned counsel for applicant has submitted that since the applicant is retiring on 31.05.2010, he is prepared to report for duty to senior section engineer (tl/tvc) provided the enquiry is completed within a reasonable period. 4. in view of the above position, we direct the respondents to allow the applicant to report to sse (tl/tvc) as technician grade i, tl and p. immediately. since the applicant is to retire on 31.05.2010, the enquiry now initiated against him vide annexure a-16 memorandum no. v/e 150/1/3/dar/ka dated 30.07.2008 shall be completed within a period of three months from the date of receipt of a copy of this order. the enquiry officer shall ensure day-to-day proceedings are held in this matter so that the enquiry can be completed as early as possible. the applicant shall fully cooperate with the inquiry officer in concluding the enquiry within the aforesaid time limit. 5. with the above.....
Tag this Judgment! Ask ChatGPT.....drawn to an order of this tribunal being petition no.17(c) of 2008 (venkata sai media pvt. vs. channel plus-ap) disposed of on 18.12.2008 wherein on fact, it was held that the benefit of the proviso to clause 3.2 of the interconnect regulations was available to the petitioner therein. now coming to the other contention of mr.gopal jain, it appears that the same is based on clause 9 of the telecommunication (broadcasting and cable services) (third amendment) regulation, 2006. clause 9.1 and 9.2 whereof read as under: “9. finalising subscriber base at the time of first agreement first agreement between multi system operator and cable operator 9.1 in non-addressable systems, while executing an interconnection agreement for the first time between a multi system operator and a cable operator, the parties to the agreement shall take into account the subscriber base of the cable operator on the basis of the subscriber line report (slr) where such slr exists. where such slr does not exist, this shall be negotiated on the basis of the evidence provided by the two parties on the subscriber base, including the subscriber base of similarly placed cable operators and local survey......
Tag this Judgment! Ask ChatGPT.....to make representation to respondent no. 1, viz., the general manager, southern railway, headquarters office, park town p.o., chennai against the aforesaid annexure a-1 order dated 05.01.2010 so that the authority concerned can take appropriate action in the matter depending upon the merits of the case. 4. we therefore, direct that the applicant may submit a detailed representation to respondent no. 1 within a weeks' time positively. in any case, such a representation is received within the permitted time; respondent no. 1 shall consider the same in accordance with rules and dispose of the representation with a reasoned and speaking order. till such time, the applicant's transfer to uts/kmq shall remain stayed. there shall be no order as to costs.
Tag this Judgment! Ask ChatGPT.....conveyor on the ground that since only one machine was liable to confiscation under section 111 (d) for violation of exim policy, it was not open to the commissioner (appeals) to confiscate the remaining items in dispute for misdeclaration as new machines. 2. we have heard both sides. we find that the adjudicating authority (addl. commissioner) has held that the goods are liable to confiscation under section 111 (d) and (m) of the customs act, 1962 for contravention of the itc policy as well as for misdeclaration of description and quantity (excess pcbs were supplied). therefore, the goods have been rightly held liable to confiscation and the importers have been rightly held liable to penalty. no ground has been made out for interference with the quantum of fine and penalty which is very reasonable having regard to the loaded value of the machines viz. rs.4,03,268/-. we, therefore, uphold the impugned order and reject the appeal.
Tag this Judgment! Ask ChatGPT.....act, 2003 (hereinafter the ‘act’ in short). challenging the same this appeal has been filed by both the appellants. 3. the necessary facts leading to the filing of this appeal are as follows: a. southern regional load dispatch centre (srldc) submitted a report before the central commission complaining that the appellant made overdrawl of electricity on the number of instances from the regional grid at the frequency below 49 hz in violation of the provisions of the grid code from the period between 31.12.2008 and 07.02.2009. b. on receipt of the said report, the central commission by the order dated 17.03.2009 issued a show cause notice to both the appellants directing them to explain about their overdrawl during the said period in violation of the provisions of the grid code and asking them as to why the penalty under section 142 and 149 of the act be not imposed upon them. c. a common reply was filed on 01.04.2009 on behalf of the appellants giving explanation stating that the details given in the report submitted by the regional dispatch center on the basis of the meter readings of the special energy meters is not correct and the scada data alone can be.....
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