Service Cases

Claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of the employee and subsequent scheme cannot be looked into – Respondent shall not be entitled for appointment on compassionate ground on the basis of the subsequent circular/policy dated 31.08.2016 – Appeal allowed.

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Service Cases

Summary dismissal of an earlier petition under Article 32 of the Constitution does not bar the present writ petition on grounds of res judicata as there has been no substantive decision on the merits of the issues. HELD Court must be alive to the contemporary reality of “ambush Public Interest Litigations” and interpret the principles of res judicata or constructive res judicata in a manner which does not debar access to justice – Jurisdiction under Article 32 is a fundamental right in and of itself.

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Service Cases

Mr. Dinkar Gupta was appointed as Director General of Punjab Police – HELD when a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to contend that the process was unfair or the selection committee was not properly constituted. In case where the petitioner had appeared at an open interview, as the Appellant too had taken a calculated chance in spite of the stakes, that too without protest, and then has belatedly raised the plea of bias and prejudice only when he was not recommended.

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