Court : Supreme Court of India
Reported in : AIR1996SC2904; 1995(7)SCALE340; (1996)1SCC521; [1995]Supp6SCR360; 1996(1)LC193(SC)
1. Leave granted.2. Heard learned Counsel for the parties. The short question which arises for consideration is whether or not the Central Administrative Tribunal by the impugned judgment dated June 2.1994 passed in O.A. No. 1507 of 1993 has correctly decided the question of seniority of the respondent Sri G. Gopalkrishnan Pillai. It is an admitted case that the said Sri Pillai was given ad hoc appointment to the post of Storekeeper at Goa and while he had been continuing in such ad hoc appointments, he was regularised in the post of Storekeeper. The Naval Department has given appropriate fitment in the scale of a Storekeeper to Sri Pillai after giving credit for the officiation in the said post but so far as the seniority to the cadre of Storekeeper is concerned, the seniority has been given only from the date when he was regularised in the post of Storekeeper. Sri Pillai felt aggrieved for not getting seniority by computing the period spent on ad hoc service as a Storekeeper. Claimin...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)154; AIR1996SC839; 1996(1)CTC551; JT1995(9)SC545; 1995(7)SCALE174; (1996)1SCC573; [1995]Supp6SCR340
ORDERS. Saghir Ahmad, J.1. Special leave granted.2. Built up property No. C-33, Okhla Industrial Area Phase-I, New Delhi 110020, constitutes the basis of dispute between the parties in the present appeal which is directed against the judgment and order dated May 18, 1995, passed by the National Consumer Redressal Commission. New Delhi, where by the complaint of the appellant under the Consumer Protection Act. 1986 was dismissed on the ground that the District Consumer Forum as also the State Commission had no jurisdiction to adjudicate upon the claim petition filed by the appellant to the effect that there was 'deficiency of Service' on the part of the respondent in not registering the document or issuing certified copy thereof in spite of full registration charges having been paid.3. The document of which the registration was sought by the appellant is a 'Will' dated 24th July, 1987 executed in his favour, as also in favour of his wife, Smt Shanti Rani Goel, by one Shri P.N. Mishra wh...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)41; AIR1996SC1048; JT1995(9)SC182; 1996LabIC931; 1995(6)SCALE774; (1996)1SCC454; [1995]Supp6SCR334; 1996(1)LC143(SC)
ORDERB.L. Hansaria, J.1. The petitioners are members of the teaching specialist sub-cadre of the Central Health Service under the Ministry of Health and Family Welfare. They are engaged in teaching and doing clinical work in Lady Harding Medical College and associate hospitals at New Delhi. Their grievances are that the Tikoo Committee Report which recommended that the teaching specialists should be placed in the grade of Rs. 4,500-5,700 after four years of the granting of the scale of Rs. 3,700-5,000, and distinction between the functional grade and non-functional grade may be done away with and promotion be made to the grade of Rs. 4,500-5,700 on a time bound basis on completion of 8 years as specialists have not been implemented from the date of the submission of the report (31.10.1990.), but from 1.12.1991, which date according to the petitioners is arbitrary and would have adverse effect on seniority of some. The stand of the Ministry, however, is that as the Office Memorandum cou...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC2886; JT1995(9)SC501; 1996(1)SCALE118; (1996)2SCC62; [1995]Supp6SCR364
1. Leave granted.2. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), was published on January 12, 1978 acquiring 9 acres 10 guntas of land situated in survey Nos. 118/4, 118/5A and 5B situated in Nituvalli village, Davanagere. The Land Acquisition Officer by his order dated May 17, 1979 awarded a sum of Rs. 5,000/- per acre. On reference, the civil court by its award and decree dated October 30, 1984 determined the compensation @ Rs. 30,000/- per acre. On appeal, the High Court determined the compensation after giving deductions of 53%, @ Rs.18/- per sq. yd. by judgment and decree dated August 19, 1992. Thus, this appeal by special leave has been filed by the claimants.3. The State has not filed any appeal against the enhanced award of the High Court. Shri Javali, learned senior counsel appearing for the claimants, contended that in a notification issued in 1967 acquired 1 acre 32 guntas of land covered in MFA No. 670/71, MFA No/ 7/72 for expans...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)217; 1996(1)ALD(Cri)157; 1995(4)Crimes799(SC); JT1995(9)SC33; 1995(7)SCALE147; (1996)7SCC232
S.B. Majmudar, J.1. This is an appeal under Section 379, Code of Criminal Procedure (Cr.P.C.) read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. It is directed against the judgment and order of the High Court of Judicature, Andhra Pradesh at Hyderabad by which the High Court reversed the acquittal of the appellants and convicted them of diverse offences under Section 302 read with Section 149, Indian Penal Code (I.P.C.). Section 307. I.P.C. and also under Sections 3 and 5 of the Explosive Substances Act and sentenced them to undergo life imprisonment and other sentences as detailed in the judgment under appeal. The appeal against acquittal of original accused No. 10 has been dismissed by the High Court and so far as his acquittal is concerned it is no longer in challenge before us. In this appeal, we are concerned with the conviction and sentence of appellants 1 to 9 who were original accused Nos. 1 to 9 respectively before the Trial Co...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1997)10SCC433
S.C. Agrawal and; G.B. Pattanaik, JJ.1. Leave granted.2. We have heard the learned counsel for the parties.3. The appellant, B.D. Verma, was appointed on the post of Junior Computer in the Ministry of Irrigation and Power of the Government of India in 1959 and was confirmed on the said post on 7-4-1966. He was promoted to the post of Senior Computer on 20-7-1962 and was confirmed on the said post with effect from 17-9-1974. He was promoted as Research Assistant (Statistics) on ad hoc basis on 1-9-1974. He continued to work as Research Assistant on ad hoc basis till 5-1-1985 when he was regularly promoted on the said post of Research Assistant on the basis of the recommendation of the Departmental Promotion Committee which met in 1984. Bhansilal Bapurao Khandekar and Rasheed Ahmad Mia were appointed by direct recruitment as Research Assistants by orders dated 9-12- 1985 and 17-12-1985 respectively. On 17-1-1986, a seniority list of officers borne on the cadre of Statistical Assistants/P...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1997)11SCC529
ORDER 1. Leave granted. 2. We have heard learned counsel for the parties. 3. This appeal relates to appointment on the post of Pharmacist (Unani) under the Central Government Health Scheme. On 2-6-1984, an advertisement was issued inviting applications for the said post. The requisite qualifications as mentioned in the advertisement were: ‘Matriculation with proficiency in Urdu or equivalent Oriental Qualification in Urdu/Arabic/Persian.’ 4. The appellant holds the qualification of ‘Adeeb-e-Mahir’ from Jamia Urdu, Aligarh. By Office Memorandum dated 28-6-1978 issued by the Director, Department of Personnel and Administrative Reforms (Ministry of Home Affairs), Government of India, ‘Adeeb-e-Mahir’ of Jamia Urdu, Aligarh has been recognised by the Government of India for the purposes of employment in the Central Government. The nature of recognition, as indicated in the said memorandum, is as follows: ‘Recognised for the p...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(7)SCALE354; (1996)7SCC182; [1995]Supp6SCR322; 1996(1)LC190(SC)
ORDER1. Leave granted.2. It is rather unfortunate that the Law Department of the Orissa State is functioning in unsatisfactory way. It is reflected in this case also. This is one of the three cases which have come up before this Court relating to service matter. Other Departments, look for guidance from Law Department. Instead of becoming a model functionary, its officers indulge in litigating their own cases because of their back-door entry into service.3. The appellant claims to have been appointed on ad hoc basis by proceedings dated October 26, 1990. Gautam Kumar Chakraborty, the first respondent and the appellant had joined the Department on January 27, 1986. The Committee constituted for their selection, found the first respondent to be number one and the appellant as number 3 in the list. Admittedly, regular appointments are subject to confirmation by the Orissa Public Service Commission. Instead of sending the names to the Commission for consideration, the Minister recommended ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(9)SC617; 1995(7)SCALE338; (1996)7SCC216; [1995]Supp6SCR318
ORDER1. Delay condoned2. Leave granted.3. On September 4, 1995, we issued the following directions:It is staled by Sh. K. Madhava Raddy, learned senior counsel appearing for the State that the Government had not duly approved the recommendations made by the Committee. But with modifications, certain procedure has been prescribed for absorption of such of those candidates like the respondents appointed in the Forest Department. It is also stated that those two respondents having been found eligible according to the Scheme, they have been absorbed. It is brought to our notice that the persons claiming similar reliefs have filed the petitions in the Tribunal and also the contempt proceedings against the State for non-implementation. In that situation, the appropriate course would be that the State should file an affidavit by the competent Officer enclosing the Scheme evolved for workmen. Then we would be in a position to consider the cases and pass appropriate orders. Mr. Madhava Reddy se...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)388; JT1995(9)SC227; 1995(7)SCALE306; (1996)1SCC627; [1995]Supp6SCR304
ORDER1. Leave granted.2. The only question in this appeal is whether the respondents are governed by the Rules for the regulation of the recruitment to the clerical service of the Secretariat and certain other offices of the Government of West Bengal issued in Notification No. 2083-F dated July 21, 1954 of the West Bengal Boards Miscellaneous Rules, 1955 for appointment to the Lower Divisions. The facts are not in dispute. The appellant called for the names from the Employment Exchange in the notification for recruitment. Calling their names, the appellants prescribed passing of the written exams and typing with 30 w.p.m. speed as qualification apart from other qualifications. Pursuant thereto, the names of the candidates have been sent 545 candidates were qualified in the written examination and were required to pass the typing test. After conducting the typing test, respondents 44-189 had passed the test and the other respondents did not pass the test. Consequently, they could not be...
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