advocatemmmohan
Government Order
Service matter – promotion = Appellants were absorbed in the RD Department as Overseers. Their previous service in Highways Department was also on the post of Overseers. In Rooplal’s case (supra), the Appellants were Sub- Inspectors of Boarder Security Force who were initially taken on deputation in Delhi Police as Sub- Inspectors (Executive) and were later on absorbed in Delhi Police in the same capacity. While fixing their seniority in Delhi Police, service already rendered by them as Sub-Inspectors in BSF was not taken into consideration. – The Appellants herein claimed the benefit of the previous service on the lower post of Overseer for determining the seniority on the higher post of Assistant Engineer. The aforesaid submission cannot be accepted for the simple reason that the Appellants had voluntarily accepted and given the option to be absorbed in the RD Department on the post of Overseer. No claim was made at that stage to be either absorbed or promoted as Assistant Engineer or to be given the benefit of the service already rendered by them in the Highways Department. Having considered the entire matter, we see no reason to differ with the view taken by the High Court. 32. The appeals are accordingly dismissed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40839 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8758 OF 2013 (Arising out of SLP (C.) No. 20986 of 2007) Tamil Nadu Rural Development Engineers Association …Appellant VERSUS The Secretary to Government Rural Development Department & Ors. …Respondents WITH CIVIL APPEAL NO.8759 OF 2013 (Arising out of SLP (C.) … Continue reading
Contempt of court arose when – To hold the respondents or anyone of them liable for contempt this Court has to arrive at a conclusion that the respondents have wilfully disobeyed the order of the Court. The exercise of contempt jurisdiction is summary in nature and an adjudication of the liability of the alleged contemnor for wilful disobedience of the Court is normally made on admitted and undisputed facts.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40722 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION NO.3 OF 2012 IN CONTEMPT PETITION NO.6 & 7 OF 2009 IN WRIT PETITION (CIVIL) NO. 503 of 2007 Noor Saba … Petitioner (s) Versus Anoop Mishra & Anr. … Respondent (s) J U D G M E N T … Continue reading
whether the mother tongue or the regional language can be imposed by the State as the medium of instruction at the primary education stage.= The vital question involved in this petition has a far-reaching significance on the development of the children in our country who are the future adults. The primary school years of a child is an important phase in a child’s education. Besides, it moulds the thinking process and tutors on the communication skills. Thus, primary education lays the groundwork for future learning and success. Succinctly, the skills and values that primary education instills are no less than foundational and serve as bases for all future learning. Likewise, the importance of a language cannot be understated; we must recollect that reorganization of States was primarily based on language. Further, the issue involved in this case concerns about the fundamental rights of not only the present generation but also the generations yet to be born. (i) What does Mother tongue mean? If it referred to as the language in which the child is comfortable with, then who will decide the same? (ii) Whether a student or a parent or a citizen has a right to choose a medium of instruction at primary stage? (iii) Does the imposition of mother tongue in any way affects the fundamental rights under Article 14, 19, 29 and 30 of the Constitution? (iv) Whether the Government recognized schools are inclusive of both government-aided schools and private & unaided schools? (v) Whether the State can by virtue of Article 350-A of the Constitution compel the linguistic minorities to choose their mother tongue only as medium of instruction in primary schools?= With regard to the above, all the connected matters including petitions/applications shall be placed before the Constitution Bench. Since the matter in issue started in the year 1994, early disposal of the case is desirable. Hence, the Registry is directed to place the same before Hon’ble the Chief Justice of India for necessary directions.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40528 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 2 CIVIL APPEAL NOs. 5166-5190 OF 2013 3 (Arising out of SLP (C) Nos. 18139-18163 of 2008 The State of Karnataka & Anr. …. Appellant (s) Versus The Associated Management … Continue reading
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