Court : Supreme Court of India
Reported in : AIR1989SC1688; JT1988(4)SC360; (1989)ILLJ167SC; 1989Supp(1)SCC147; 1989(1)LC237(SC)
M.M. DUTT, J.1. Special leave is granted in all the matters. Heard learned Counsel for the parties.2. These appeals are directed against the judgment of the Central Administrative Tribunal, Principal Bench, Delhi, whereby the Tribunal directed that the seniority of the appellants in Grade IV of the Central Information Service (hereinafter referred to as “the CIS”) as Simla Monitors/Information Assistants/Sub-Editors, as the case may be, should be counted only from the dates the posts held by them were included in Grade IV of the CIS.3. The appellants had been working as Monitors in All India Radio since March 1959. As the appellants had been performing the same duties as performed by the officers in Grade IV of the CIS, the government decided on the basis of the report of the Working Group that the pay scale of the Monitors should be revised so that the same might be brought at par with Grade IV of the CIS. Accordingly, the pay scale of Monitors was revised from Rs 210-425 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC261; JT1988(4)SC302; (1989)ILLJ144SC; 1988(2)SCALE1203; 1989Supp(1)SCC342; [1988]Supp3SCR702; 1989(1)LC220(SC)
B.C. Ray, J.1. The only question that arises for decision in this appeal is whether an employee promoted to a post reserved for Scheduled Castes and Scheduled Tribes is entitled to have his seniority determined from the date of his appointment to the post or his seniority inter se will be reckoned as it was in the class or grade from which he was promoted to a post in a higher rank.2. The appellant, who is a Scheduled Caste joined service as a Clerk in the Electricity Branch of the Punjab Public Works Department on February 20, 1954. The terms and conditions of his service were governed by the Punjab P.W.D. (Electricity Branch) Provincial Service Class-III (Subordinate posts) Rules, 1952. In February, 1959 and Punjab State Electricity Board was constituted under Section 3 of the Electricity (Supply) Act, 1948 and the employees of the Electricity Branch were transferred to the Board. The conditions of service of the employees were governed by their existing terms and conditions as well ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC406; JT1988(4)SC243; 1988(2)SCALE1208; (1989)1SCC272; [1988]Supp3SCR690; 1989(1)LC20(SC)
M.P. Thakkar, J.1. A Seven-Judge Constitution Bench decision in Hari Singh and Ors. v. The Military Estate Officer and Anr. : [1973]1SCR515 upholding the constitutionality of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 Act 40 of 1971 Act notwithstanding, the petitioner has renewed the challenge by way of this petition under Article 32 of the Constitution of India. Of course the epicenter of the present challenge has shifted and is now located in the plea that Parliament does not have the legislative competence to legislate on the subject of the impugned legislation which dimension was not in focus in Hari Singh's case.2. The petitioner was allotted a piece of land on licence by the Respondents. The licence was cancelled on the allegation that petitioner had illegally made encroachment on further land and had illegally raised a structure on the land granted on licence. The respondent terminated the licence. Proceedings were initiated against the petitioner under t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC430; (1989)91BOMLR41; 1988(2)SCALE1516; (1989)1SCC219; [1988]Supp3SCR712
Murari Mohon Dutt, J.1. Special leave is granted in all these matters. Heard learned Counsel for the parties.2. The principal question that is involved in these appeals is somewhat peculiar. The question is whether the Food & Civil Supplies Department, Sholapur, has a separate and independent existence or whether it is part and parcel of the Revenue Department. The best authority which can answer the question is the Government, but the Civil Courts and the High Court have not been able to accept the Government version that the Food & Civil Supplies Department, Sholapur, is an independent Government Department and does not form part of the Revenue Department. The facts leading to the question will be stated presently.3. The Commissioner of Pune Division, by his order dated January 27, 1981, granted promotions to the appellants to the posts of Awal Karkuns, and directed that the private respondents herein, who were holding these posts would be repatriated to their parent department, that...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC396; 1988(3)Crimes882(SC); JT1988(4)SC582; 1988(2)SCALE1104; 1989Supp(1)SCC81
M.P. THAKKAR, J.1. Villupuram in Tamil Nadu was the scene of an occurrence which culminated in the killing of 9 Harijans and shocked the conscience of the country. In connection with this occurrence which took place ten years back on 25-7-1978, 36 non-Harijans were prosecuted. Five of them namely A-6, A-8, A-16, A-31 and A-35 were acquitted by the learned Sessions Judge. The remaining 31 were convicted for various offences under Section 302 read with Section 34, and/or Section 302 read with Section 149, Section 302 simpliciter and other sections of Indian Penal Code. Accused 1, Accused 11 and Accused 19 were sentenced to death by the learned Sessions Judge. The remaining accused were sentenced to undergo imprisonment for life. The convicts appealed to the High Court. There was also a reference for the confirmation of the death sentence in regard to A-1, A-11 and A-19. The High Court disposed of both these matters by an exhaustive and well considered judgment giving rise to the present ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC236; 1989(1)Crimes183(SC); JT1988(4)SC298; 1988(2)SCALE1415; 1989Supp(1)SCC232
B.C. RAY, J.1. This appeal by special leave is directed against the judgment and order dated 19-2-1981 passed in Criminal Appeal No. 105 of 1980 by the High Court of Judicature at Madras confirming the conviction and sentence passed against the appellant by the Sessions Judge, West Thanjavur Division convicting the accused under Section 302 Indian Penal Code and sentencing him to undergo imprisonment for life. The prosecution case is that PW 1, Nagarajan who is a coolie by profession came to the house of Srinivasa Naidu who is living in Nandavanam belonging to Uppiliappankoil at about 5 a.m. on September 20, 1978 to do work in the garden as he was asked by Srinivasa Naidu on the previous day i.e. 19-9-1978 to meet him for doing work in the garden. At that time Srinavasa Naidu was not in the house and so he met the wife of Srinivasa Naidu and enquired of her as to what work he had to attend. At that time he heard a noise emanating from the eastern direction about 200 feet away. PW...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1989Supp(2)SCC716
Ranganath Misra and; M.N. Venkatachaliah, JJ.1. The State has filed an affidavit pursuant to the notice indicating therein that four of the police officers of the different grades said to be involved in the incident of rape have since been suspended from service, taken into custody and are being proceeded against. The matter is under investigation and learned Counsel assures us that as soon as investigation is over, if a prima facie case is found, charge-sheet shall be submitted without delay. We find that the accused persons are in custody, their bail having been cancelled by the High Court.2. The victim Kalpana Sumathi in our view has become entitled to reasonable compensation. She has undergone treatment for a long period away from house and at a place out of the State; she has undergone a lot of suffering — physical and mental. An interim compensation of Rs 20, 000 is directed to be paid to her by the State within two weeks hence. Whether she would be entitled to any further ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC278; JT1988(4)SC421; (1989)ILLJ171SC; 1988(2)SCALE1390; 1989Supp(1)SCC194; [1988]Supp3SCR633; 1989(1)LC8(SC)
K. Jagannatha Shetty, J.1. These two appeals by leave are from the judgment of the Delhi High Court dated 12 July, 1985 in L.P. No. 8 of 1978.2. The first appellant in the first appeal is the Delhi Water Supply and Sewage Disposal Undertaking (the 'Undertaking') The appellants in the next appeal are some of the Executive Engineers in the Undertaking. The common case of the appellants is that the inter-se seniority in the cadre of Executive Engineers after their regularisation should reflect the corresponding rankings in the feeding cadre of Assistant Engineers. But the contesting respondents who are also Executive Engineers contend to the contrary. There case is that the continuous officiation in the post till regularisation should be the basis for determining the seniority. These rival contentions are required to be decided in the appeals.3. The facts leading to the appeals are not in dispute and may briefly be stated thus:The Municipal administration of the Union Territory of Delhi i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC239; JT1988(4)SC193; 1988(2)KLT937(SC); 1988(2)SCALE1025; (1989)1SCC113; [1988]Supp3SCR648; 1989(1)LC1(SC)
E.S. Venkataramiah, J.1. A piece of land measuring ten and a half cents situated at Kozhippathi Village of Chittur Taluk, Palghat District, State of Kerala originally belonged to Indrani, wife of the petitioner and it now belongs to the petitioner. Under a preliminary notification issued under Section 3(1) of the Kerala Land Acquisition Act on 24.2.1981 the said piece of land along with some other lands was proposed to be acquired for a certain public purpose. Both Indrani and the petitioner filed objections to the proposed acquisition. After overruling the objections the State Government published a declaration under Section 6 of the Kerala Land Acquisition Act on 19.1.1984. On 24.9.1984 the Land Acquisition (Amendment) Act, 1984 passed by Parliament came into force in the State of Kerala and some other parts of India to which it applies. By Section 9 of the Land Acquisition (Amendment) Act, 1984 a new section, i.e. Section 11-A was introduced into the Land Acquisition Act, 1894 (here...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC268; 1989(1)ARBLR244(SC); (1988)3CompLJ334(SC); JT1988(4)SC478; 1988(2)SCALE1235; (1989)1SCC359; [1988]Supp3SCR670
Sabyasachi Mukharji, J. 1. This appeal by special leave is from the judgment and order of the High Court of Allahabad, dated 21st July, 1987. The High Court has set aside the award of the Umpire. To appreciate the decision and the contentions urged, a few facts are necessary.2. On or about 20th October, 1962 there was a Bulk Supply Agreement entered into between Agra Electric Supply Co. Ltd. and the appellant herein, for supply of electrical energy to the latter's hotel, inter alia, containing terms of rates, discounts, minimum sum payable and increase in the rates and sums payable once a year on account of increase in cost of production and distribution of electrical energy. Clause 9 of the said agreement contained terms of the rate of supply and the contingencies in Which such rates could be increased. The said Clause provided as follows:The consumer shall, subject to the provisions hereinafter contained, pay to the Company for all electrical energy supplied and registered or estimat...
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