Tag: Special Leave Petition

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation
16Oct By The Legal ChamberNo Comments
Supreme Court

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

The Supreme Court held that successful completion of prescribed training, including passing the requisite written test, is a mandatory condition precedent for confirmation in service for direct recruits to Group 'C' non-gazetted railway posts. Failure to clear this training examination validly entitles the employer to terminate services, as it is a fundamental term of recruitment governed by the Master Circular. Facts Of The Case: The case involved Alok Kumar, who was provisionally appointed as a Senior Section Engineer (Trainee) in the Railways after clearing a recruitment examination. His appointment was conditional on the successful completion of a 52-week training program. After 46 weeks of field training, he was sent, along with other trainees, to a three-week General and Subsidiary...
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Supreme Court Clarifies: Reserved Candidates Availing Age, Physical Relaxations Can’t Migrate to General Quota
16Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Reserved Candidates Availing Age, Physical Relaxations Can’t Migrate to General Quota

This Supreme Court judgment clarifies that reserved category candidates availing relaxations in age or physical standards are barred from migrating to unreserved vacancies if the governing recruitment rules impose such an embargo. Conversely, relaxations in physical standards based on gender or ethnicity, absent a specific rule, do not automatically preclude such migration. The applicability depends on the explicit provisions of the relevant recruitment rules or office memoranda. Facts Of The Case: The case originated from a recruitment drive initiated by the Railway Protection Force (RPF) in 2013 to fill various ancillary posts. The employment notification provided age and physical measurement relaxations for candidates from SC/ST and OBC categories. A key issue arose regarding candidat...
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Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will
9Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will

The Supreme Court held that the High Court erred in framing an additional substantial question of law under Section 100(5) CPC without foundational pleadings, issues, or recorded reasons. A will, once duly executed and proved, must be given effect to, and succession cannot be reopened on a new legal case at the second appeal stage. The testamentary disposition was upheld. Facts Of The Case: The case concerns a dispute over the estate of C.R. Pius and Philomina Pius. The couple executed a registered joint will in 2003, bequeathing their properties to their son, C.P. Francis (the Appellant), subject to the condition that he pay specific monetary sums to his siblings. After the parents' deaths, the other children (Respondents) filed a suit for partition, claiming their parents died intestat...
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No Interest on Delayed Payment Clause: Supreme Court Explains Its Limits
9Oct By The Legal ChamberNo Comments
Supreme Court

No Interest on Delayed Payment Clause: Supreme Court Explains Its Limits

This Supreme Court judgment clarifies that a contractual clause merely barring interest on delayed or disputed payments does not, by itself, expressly or by necessary implication prohibit an arbitral tribunal from awarding pendente lite interest. The power to award such interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, is only denuded if the agreement contains a clear and comprehensive bar. Facts Of The Case: The dispute arose from an arbitral award dated 21.11.2004, which directed the appellant, Oil and Natural Gas Corporation Ltd. (ONGC), to pay a total sum of USD 6,56,272.34 to the respondent, M/s G & T Beckfield Drilling Services Pvt. Ltd., for outstanding invoices and other claims. The arbitral tribunal rejected ONGC's preliminary objection to the ma...
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Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments
29Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments

This Supreme Court judgment reiterates the legal imperative for timely pronouncement of reserved judgments to uphold the right to speedy justice. The Supreme Court directed all High Courts to strictly adhere to the guidelines established in Anil Rai v. State of Bihar, mandating a monitoring mechanism by the Registrar General and the Chief Justice to ensure judgments are delivered within three months of being reserved. Facts Of The Case: The appellant, the de-facto complainant in the case, challenged interim orders from the High Court of Judicature at Allahabad concerning a long-pending criminal appeal filed by respondent no. 2 in 2008. The core grievance was the inordinate delay in the High Court's disposal of this criminal appeal. The appeal had initially been heard at length by a Div...
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Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws

This Supreme Court judgment clarifies that non-compliance with the affidavit requirement under Section 83(1)(c) of the Representation of the People Act, 1951, is not automatically fatal. Following the precedent in G.M. Siddeshwar, the Supreme Court held that 'substantial compliance' with Form 25 suffices, and defects are generally curable. The matter was remanded to the High Court to determine if the affidavit in question substantially complied with the statutory requirements and whether the defects could be rectified. Facts Of The Case: The case arose from the General Elections to the Odisha Legislative Assembly for the 07-Jharsuguda Constituency, held in 2024. The appellant, Tankadhar Tripathy, was declared the elected candidate, winning by a margin of 1,333 votes. The respondent, Dipa...
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Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right

This Supreme Court judgment reaffirms that candidates in a select list possess no vested right to appointment. An employer's decision to cancel a recruitment process is valid if based on bona fide reasons like administrative changes (e.g., state bifurcation) and altered requirements. The Court's role is limited to examining the decision-making process, not substituting its own view on the sufficiency of accommodations like age relaxation offered to affected candidates. Facts Of The Case: The erstwhile Transmission Corporation of Andhra Pradesh (AP-Transco) initiated a recruitment process in 2011-2012 for 339 Sub-Engineer posts across the composite state. This process was delayed due to litigation challenging the marks weightage given to in-service candidates. While the legal challe...
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Supreme Court Upholds “Equal Pay for Equal Work” for Contractual Assistant Professors
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds “Equal Pay for Equal Work” for Contractual Assistant Professors

The Supreme Court affirmed the principle of "equal pay for equal work" for contractually appointed Assistant Professors performing identical duties as their regular and ad-hoc counterparts. It directed the State to pay them the minimum of the pay scale applicable to the post, holding that the nature of the appointment (contractual) does not negate the entitlement to pay parity when the work is the same. Facts Of The Case: The case originated from the State of Gujarat where a significant number of sanctioned posts for Assistant Professors in Government Engineering and Polytechnic colleges remained vacant for years. To address this shortage, the state government made appointments on both ad hoc and contractual bases. The respondents were Assistant Professors appointed on a contractua...
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Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed
24Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

The Supreme Court ruled that the term "State Forest Service" under the Indian Forest Service (Recruitment) Rules, 1966, refers to the service as a whole, not individual posts. The Court held that once a state service is approved, its substantively appointed gazetted officers, including Forest Range Officers, are eligible for consideration for promotion to the Indian Forest Service. Facts Of The Case: The appellant, P. Maruthi Prasada Rao, was appointed as a Forest Range Officer (FRO) in 2006. In 2021, he petitioned the authorities, arguing that FROs should be considered part of the "State Forest Service" and thus be eligible for promotion to the Indian Forest Service (IFoS) when sufficient numbers of senior officers like Deputy Conservators of Forests (DCFs) and Assistant Conserv...
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Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle

This Supreme Court judgment clarifies that for offences under Section 186 IPC, a written complaint by the concerned public servant or their superior is mandatory under Section 195(1)(a) CrPC before a court can take cognizance. However, the bar under Section 195 CrPC applies only at the stage of cognizance and does not prohibit the police from investigating such offences. The court also held that "obstruction" under Section 186 IPC is not limited to physical force but includes any act that impedes a public servant's duties. The legality of splitting distinct offences from those covered by Section 195 depends on the facts of each case. Facts Of The Case: A Process Server from the Nazarat Branch of the Shahdara courts was assigned to serve a warrant and a summons at the Nand Nagri police st...
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