HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Neeraj Bawania’s Bail; Rupali Ganguli’s Defamation Case; Mahindra Trademark Dispute; and more
A quick legal roundup to cover important stories from all High Courts this week.
Service Law
Bombay HC rebukes Indian Overseas Bank for apathetic denial of employee’s request to forego her promotion to care for her disabled son
“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court
‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’
‘When a citizen wins a court ruling, others in similar circumstances should automatically benefit’: SC grants permanent commission to woman Army officer
Supreme Court reiterated that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court.
SC imposes Rs 50,000 cost on Central Govt. for challenging grant of LFP to a soldier’s widow
The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.
Can’t deny benefit of ‘experience mark’ to former outsourced employee merely because they weren’t appointed on sanctioned post: SC
“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.
2024 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
Reliance on oral instructions may lead to factual errors; Parties must furnish accurate information to Court in writing: SC
“The Court should also pass orders only based on the written instructions, to enable it to fix the liability on the correct officials, responsible for any such wrongful representations/ instructions”.
SC dismisses petition regarding challenge to the appointment of Catering Supervisor made only on basis of interview marks
The respondent had filed original application before Central Administrative Tribunal challenging selection of Catering Supervisor based only on marks obtained in the interview and excluding marks of written test.
Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
CASES REPORTED IN HCC | Case laws on Disproportionate punishment; Court monitored investigation; Patent illegality; Judicial Review; Arbitral Award; and more
An update on new addition of case laws to SCC’s High Court Cases (‘HCC’) volumes.
Decision to reduce employee’s pay scale and recover excess amount can’t be applied retrospectively after a long time gap: SC
The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.
Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application
The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.
Bombay HC holds retired professor entitled to pensionary benefits; directs authorities to perform formalities
The Court emphasised that the respondents did not object to the petitioner’s continuation of service for twenty-three years. Therefore, depriving the petitioner of pensionary benefits on the ground that a formal order of de-reservation was not passed, even though the ingredients were satisfied, would be unjust.
Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order
The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.
Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy
The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.
Bombay HC sets aside Industrial Court’s order staying transfer of Indian Express employee due to lack of mala fides
The Court referred to Rajendra Roy v. Union of India, (1993) 1 SCC 148 wherein it was held that, it is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances, however it cannot be drawn from insinuation and vague suggestions.
A commissioning mother, who begotten child through surrogacy is entitled to maternity leave and other benefits: Orissa High Court
“A child born out of surrogacy to be treated in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto.”
2024 SCC Vol. 5 Part 2
Arbitration and Conciliation Act, 1996 — S. 11(6) — Issue of limitation — Adjudication of, as an admissibility issue at the stage