Court : Mumbai Nagpur
..... the doctrine of equality and equal protection and the equal benefits flow from article 14 of ..... the equal protection and equality basically to the persons/ parties/students equally situated is one of the foundation of article ..... reason to refuse equal protection and relief ..... privilege arising out of the certificate halba-koshti/koshti, scheduled tribe, though taken away by milind, but in view of the clear decisions and reasons for granting protection to those who possessed/obtained certificate at the relevant time, and having long service tenure just cannot be taken away by overlooking the consistent visualization and conclusion of ..... supreme court in kavita (supra) on the basis of similar caste and considering all earlier judgments for and against the protection referred and relied, directed the reinstatement in service subject to the conditions mentioned therein, without dealing with any aspects of ..... cannot be oblivion of the fact that while exercising jurisdiction under article 226 of constitution of india, it is the prime duty of this court to protect the constitutional rights and to see that everyone has been treated equally the arguments made on behalf of the respondents that the judgment passed in w.p. no. ..... of articles 226 and 227 means and includes wide enough jurisdiction to extend similar benefits or protection on all equally situated cases. ..... equal treatment to equally placed persons is the criteria then the exercise of discretion should be in favour of granting protection based .....
Tag this Judgment!Court : Mumbai Nagpur
..... it cannot be too strongly emphasized that to make out a case of denial of the equal protection of the laws under article 14 of the constitution, a plea of differential treatment is by itself not sufficient. ..... an applicant pleading that equal protection of the laws has been denied to him must make out that not only he had been treated differently from others but he has been so treated from persons similarly circumstanced without any reasonable basis, ..... however, taking into consideration the fact that interim order is operating for a considerable period of time, we continue the interim protection as was granted by this court vide order dated 18th september, 2012 for a period of four weeks from today. ..... in radhyshyam (supra) also, the supreme court found merit in the plea of the appellant therein as regards violation of the doctrine of equality as it had been demonstrated that a large chunk of land belonging to an ex-member of the legislative assembly had not been acquired and though the appellants therein were similarly situated, it had not been explained by the respondents .....
Tag this Judgment!Court : Mumbai Nagpur
..... equal protection of law postulates an equal protection of all alike in the same situation and under like circumstances. ..... and equation of pay are matters primarily for the executive government and expert bodies like the pay commission and not for courts but we must hasten to say that where all things are equal that is, where all relevant considerations are the same, persons holding identical posts may not be treated differentially in the matter of their pay merely because they belong to different departments. ..... if the two classes of persons do same work under the same employer with similar responsibility under similar working conditions, the doctrine of equal work equal pay would apply and it would not be open to the state to discriminate one class with the other in paying salary. ..... in the case of randhir singh (supra) the hon'ble apex court examined the case of driver constable working with delhi police force in comparison with that of the drivers in railway protection force and drivers in non-secretariat offices under delhi administration. ..... right to equality not only means right not to be discriminated against but also protection against any arbitrary or irrational act of the state. ..... in the present case keeping in view the principle of equal pay for equal work in article 39 and equality clause under article 14 of the constitution state action in issuance of government resolution dated 17.5.2003 is to be examined. 24. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in other words, say, if an enactment is challenged as violative of article 14, it can be struck down only if it is found that it is violative of the equality clause/equal protection clause enshrined therein. ..... read into sections 12(5) and 15(5) of the act missing words and held that such persons must have a basic degree in the respective field as otherwise sections 12(5) and 15(5) of the act are bound to offend the doctrine of equality. .....
Tag this Judgment!Court : Mumbai Nagpur
..... we do not find any merit in this assertion because the guarantee of `equal protection before the law' or `equality before the law' is violated if there is an unreasonable discrimination between two or more individuals or between two or more classes of persons. ..... clearly the alleged acts of misappropriation from the public exchequer cannot be automatically equated with a violation of the guarantee of `equal protection before the law'. 10. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it states that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of india. ..... the offices of chairpersons in panchayats and municipalities are reserved as a measure of protective discrimination, so as to enable the weaker sections to assert their voice against entrenched interests at the local level. ..... according to the formal equality model, un-equals cannot be treated equally and equals cannot be treated unequally. ..... it is in order to eliminate this socio-economic backwardness of women and to empower them in a manner that would bring about effective equality between men and women that article 15 (3) is placed in article-15. ..... some of the salient features projected in some of the studies on this aspect are being reproduced below:- the doctrine of equality is recognized as a fundamental right in our constitution. ..... two approaches to equality are recognized under our constitution the formal equality and the substantive equality. ..... article 14 of the constitution guarantees the fundamental right to equality. ..... as a result, they are unable to participate in the socio-economic activities of the nation on a footing of equality. .....
Tag this Judgment!Court : Mumbai Nagpur
..... that apart, the petitioner had not been given any alternate employment nor the same was even offered to him as required by section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (for short the act of 1995), which provides that the employer has obligation to shift such disabled employee some other post with the same pay scale ..... that is all the more so in view of the provisions of section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. .....
Tag this Judgment!Court : Mumbai Nagpur
..... being aggrieved by the action of the petitioner - company of appointing all the six senior assistants from the open category, the respondent no.3 filed an application under section 62 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 before the commissioner, welfare of disabled, pune. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the hon'ble supreme court observed thus:- "the argument that the right to life protected by article 21 of the constitution would include the right to employment cannot also be accepted at this juncture. ..... its role as the sentinel and as the guardian of equal rights protection should not be forgotten." 18. ..... but the very argument indicates that there are so many waiting for employment and an equal opportunity for competing for employment and it is in that context that the constitution as one of its basic features, has included articles 14, 16 and 309 so as to ensure that public employment is given only in a fair and equitable manner by ..... "it is argued that in a country like india where there is so much poverty and unemployment and there is no equality of bargaining power, the action of the state in not making the employees permanent, would be violative of article 21 of the constitution. ..... " the argument that the right to life, protected by article 21 of the constitution would also include a right to employment, as made in the instant petition, was also rejected by the hon'ble supreme court in para-51 of the said judgment. ..... the obligation cast on the state under article 39(a) of the constitution is to ensure that all citizens equally have the right to adequate means of livelihood. ..... in this scenario, it was observed that a direction for absorption of the company paid staff would be violative of the doctrine of equality enshrined in articles 14 and 16 of the constitution. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it states that india is a signatory to the said proclamation and therefore, it was necessary to enact a suitable legislation to provide for the following:- (i) to spell out the responsibility of the state towards the prevention for disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities; (ii) to create barrier free environment for persons with disabilities; (iii) to remove any discrimination against persons with disabilities in the sharing of ..... pune municipal corporation) and has submitted that the conclusions of the industrial court on the basis of section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as persons with disabilities act 1995 are misconceived. ..... in our opinion, in order to ensure proper implementation of the reservation policy for the disabled and to protect their rights, it is necessary to issue the following directions : (i) we hereby direct the appellant herein to issue an appropriate order modifying the om dated 29.12.2005 and the subsequent oms consistent with this courts order within three ..... persons 1993-2002 was convened by the economic and social commission for asian and pacific region, and held at beijing on 1st to 5th december, 1992 and it adopted the proclamation on the full participation and equality of people with disabilities in the asia and the pacific region. .....
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