Court : Supreme Court of India
Reported in : JT1996(10)SC396; (1997)IILLJ809SC; 1996(8)SCALE52; (1996)11SCC348; [1996]Supp8SCR270
S.C. Agrawal, J.1. This appeal by special leave has been filed against the judgment of the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'the Tribunal') dated August 17, 1994 in O.A. No. 490/CH/l987 filed by the respondent. By the said judgment the Tribunal, invoking the principle of 'equal pay for equal work', has held that the respondent, who is working as Science Supervisor in the Union Territory of Chandigarh is entitled to be placed on the scale of Rs. 1200-1700, the pay scale for the post of District Science Supervisors in the State of Punjab.2. The respondent was appointed as Science Master on temporary basis by order dated August 21, 1973, At that time the respondent was having the qualifications of B.Sc. (III Class) and B.Ed. In connection with the implementation of UNICEF Aided Science Education Programme one temporary post of Science Supervisor was created by order dated September 1, 1973 in the scale of Rs. 200-500. By order dated November 29...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)10SCC481
S.C. Agrawal and; G.T. Nanavati, JJ.1. Prem Narain Mishra, the respondent herein, was appointed as Commercial Clerk in the Eastern Railway on 15-1-1962. He was confirmed on the said post in the year 1963. On 1-1-1978, he was asked to work as Enquiry-cum-Reservation Clerk in the scale of Rs 150-560 on ad hoc basis as stopgap arrangement. M.L. Bhowmik and S.C. Ghosh who were appointed as Ticket Collectors (a post in grade lower than that of Commercial Clerk) on 15-1-1962 and certain other employees who were appointed as Commercial Clerks subsequent to Respondent 2 were also asked to work as Enquiry-cum-Reservation Clerks on ad hoc basis on 1-1-1978. All were regularised as Enquiry-cum-Reservation Clerks with effect from 1-1-1978. A gradation list was circulated on 6-4-1981 in which M.L. Bhowmik and S.C. Ghosh and the other Commercial Clerks aforementioned were shown senior to the respondent as well as one Awadesh Rai who had been appointed as Commercial Clerk on 27-12-1955 and had been a...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)177; AIR1997SC2168; 1996(9)JKJ725[SC]; JT1996(9)SC725; 1996(7)SCALE949; (1996)11SCC312; 1997(1)LC75(SC)
ORDERSujata V. Manohar, J.1. Leave granted.2. The appellant, Regional Engineering College, Hamirpur in Himachal Pradesh has filed these appeals against the judgment and order of the High Court of Himachal Pradesh directing the appellant to implement the guidelines issued by the All-India Council for Technical Education and to make available seats to respondents 1 to 5 who are diploma holders for the academic session 1995-96 and to admit them in the second year of the four year degree course of the appellant-college. The appellant-college is a regional engineering college affiliated to the Himachal Pradesh University, Shimla. It conducts a four year degree course in engineering. Students who have secured the requisite marks in 10+2 examination are admitted to the first year of the degree course. Respondents 1 to 5 have completed a diploma course of three years in engineering.3. The All-India Council for Technical Education by a Gazette Notification dated July 11, 1992 published in the G...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)345; 1997(1)ALD(Cri)631; 1997(1)Crimes170(SC); JT1996(10)SC141; 1996(7)SCALE920; (1997)1SCC682; [1996]Supp8SCR243
G.T. Nanavati, J.1. This appeal arises out of the judgment and order of the Principal Sessions Judge and Designated Court, Coimbatore, in C.C. No. 61 of 1992. As the learned Judge acquitted the accused, the State has filed this appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (herein after referred to as the 'TADA Act').2. The prosecution case is that Shivarajan alias Raghu (Respondent/Accused No. 1) and Vigneswaran alias Vicky (Respondent/Accused No. 2) who were Sri Lankan nationals and members of LTTE came to India sometime in 1989 without any traveling documents. So also, Guna and Dixon who were Sri Lankan nationals and members of LTTE had come to India in the like manner. Since then they were engaged in obtaining explosive substances, manufacturing bombs and sending them to LTTE in Sri Lanka. In the said clandestine activity they were helped and assisted by Respondent Nos. 3 to 9 (Accused Nos. 3 to 9) who are Indian nationals. Till the assas...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1998(9)SC462; (1997)11SCC220
ORDER1. This appeal is directed against the judgment of the Bombay High Court dated 15-1 -1980 whereby Special Civil Application No. 2335 of 1975 filed by the appellants has been dismissed.2. The appellants were appointed in 1973 as Agricultural Overseers in the scale of Rs. 170-400 under the Scarcity Relief Programme undertaken by the Government of Maharashtra. By resolution dated 21-3-1973, the Government of Maharashtra, after taking note of the fact that on completion of the Scarcity Relief Works the Overseers and other technical personnel are likely to become surplus and may be discharged and in order to facilitate absorption of the retrenched persons in the vacancies in the posts of Agricultural Officers, Overseers, Tracers and Assistant Draftsman, etc., issued instructions regarding the appointment without interview or selection on posts on which the recruiting authorities could make appointments by nomination. This resolution was followed by resolution dated 20-10-1973 whereby s...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)721; [1997(75)FLR651]; JT1996(10)SC207; 1996(8)SCALE217; (1996)11SCC760; [1996]Supp8SCR180; 1997(1)SLJ61(SC); 1997(1)LC359(SC); (1997)1UPLBEC557
S.B. Majumdar, J.1. These three appeals arise out of a common judgment rendered by a Division Bench of the High Court of Judicature at Allahabad in different writ petitions moved by the common appellant Dr. Mahak Singh in Civil Appeal Nos. 4613-4614 of 1996 and by one of the writ petitioners Dr. Rajvir Singh, appellant in companion Civil Appeal No. 4616 of 1996. These appeals project a common controversy of a triangular nature amongst three contestant-teachers attached to Janata Vaidic (Post Graduate) College. Baruat in Uttar Pradesh which is a degree college affiliated to the Meerut University. The contestants are Dr. Mahak Singh on the one hand who is the appellant in first two appeals and respondent No. 3 in these appeals Dr. S.P. Singh as well as respondent No. 5 Dr. Rajvir Singh in these two appeals who in his turn is the appellant in the companion Civil Appeal No. 4616 of 1996. All the three of them claimed to be entitled to work as In charge Principal of the said degree College ...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)9SCC181
Kuldip Singh and; S. Saghir Ahmad, JJ.1. In this petition — in public interest — under Article 32 of the Constitution of India, various directions have been sought from this Court pertaining to Dahanu Taluka, State of Maharashtra, which has been declared by the Central Government as an ecologically-fragile area by the notification dated 20-6-1991.2. It is stated in the petition that Dahanu is a rich area in agricultural economy and is a source of supply of fodder, grass, rice, cereals, milk, poultry and fish to the people living in the region. It is known as “food bowl” of the region producing 37 thousand tons of chikoos per month, 1825 tons of guava, and 21.9 lakhs of coconuts. The fish catch in the area is stated to be more than 3.7 lakh tons of crabs, pomfret and other fishes and 17 thousand tons of prawns. It is further stated that Dahanu is the last surviving “green zone” between Bombay and Surat. 49% of its total area is under forest cover. 47 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)473; AIR1997SC1815; JT1996(10)SC116; (1997)2MLJ111(SC); 1996(8)SCALE71; (1997)1SCC326; [1996]Supp8SCR193
ORDER1. The State of Tamil Nadu is the appellant in these appeals. Civil Appeal No. 134 of 1980 has been filed against the judgment of the High Court of Madras in Writ Petition 1464 of 1974, whereas Civil Appeal Nos. 352-354 of 1980 have been filed against the judgment of the same High Court in Writ Petition 2341-2343 of 1978. All the Writ Petitions had been filed on behalf of the respondent which were allowed by the High Court.2. The respondent, a public limited Company which owned and possessed 3421.14 acres of land, was engaged in composite and integrated activity of raising sugarcane on the aforesaid land and crushing it in its sugar factory. The Tamil Nadu Reforms (Fixation of Ceiling on Land) Act, 1961 (Act 58 of 1961), (hereinafter referred to as the Principal Act) was published in the Tamil Nadu Government Gazette on 2.5.1962. According to the said Act, a ceiling of 30 standard acres of agricultural land was fixed as the maximum holding. Under Section 18(1) of the Principal Act...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1997)10SCC281; [1997]104STC102(SC)
ORDER1. Special leave granted in S.L.P. (C) No. 11472 of 1988.2. In this group of. appeals the question which arises for consideration is whether 'special boiling point spirit' and 'shell hexane' are liable to be assessed at single point under Schedule I of the Kerala General Sales Tax Act, 1963, or on multi-point scheme of taxation under Section 5(1)(ii) of the said Act, read, in either case, with the provisions of Section 5(1) of the Act. There was no dispute before the authorities below that special boiling point spirit and shell hexane were dangerous petroleum products having their flashing point below 24.4 degrees centigrade. Section 5 is the charging section and Clause (1) thereof reads as under:5. Levy of tax on sale or purchase of goods.-(1) Every dealer (other than a casual trader or agent of a non-resident dealer) whose total turnover for a year is not less than twenty-five thousand rupees and every casual trader or agent of a non-resident dealer, whatever be his total turnov...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)564; JT1996(10)SC287; 1999(1)SCALE5a; (1996)6SCC606; [1996]Supp8SCR295; 1997(1)LC70(SC)
1. Leave granted.2. By a letter No. 9/D/SCTC/M(S)/93 dated March 4,1993, the National Commission for Scheduled Castes and Scheduled Tribes (hereafter referred to as 'the Commission') directed the Executive Director of the Indian Overseas Bank, the respondent No.3, thus:No.9/D/SCTC/M(s)/93 4th March, 1993Dear Shri K. Subramanian,Please refer to the commission letter No. 9/D/SCTC/M(S)/92 dated 18th Feb.93 in the matter of contravention of Government Directives relating reservation for SC/ST in Indian Overseas Bank and Other matters adversely affecting their interests.The commission had desired the reply of Bank within 7 days of said letter. It is a matter of concern that the reply from bank has not reached the commission till date.In view of the prima facie examination of the matter and considering the fact that the Bank is reportedly going ahead with the promotion process, the commission, in exercise of the powers conferred upon it under Section 8 of the Constitution (Sixty-Fifth Amendm...
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