Saturday, July 17, 2010

CASE LAW : SERVICE MATTER

### PROMOTION CAN BE DENIED TO PERSON NOT COMPLYING WITH REQURIMENTS OF SUCH HIGER MEDICAL STANDARDS UNDER SECTION 47 [2] OF PERSONS WITH DISABILITIES[EQUAL OPPORTUNITIES,PROTECTION OF RIGHTS AND FULL PARTICIPATION]ACT.1966.THIS IS THE VIEW OF SUPREME COURT.


### DAILY WAGERS ARA NOT INCLUDED IN GOVT. EMPLOYEE. DEPENDENT OF DAILY WAGER CAN NOT CLAIM COMPASSIONATE APPOINTMENT OF DEPENDENTS OF GOVT. SERVENTS DYING IN HARNESS RULES,1974. IT IS HELD BY HIGH COURT ALLAHABAD.


### THE RIGHT OF ELIGIBLE EMPLOYEES TO BE CONSIDERED FOR PROMOTION IS VIRTUALLY A PART OF THEIR FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 16 OF CONSTITUTION OF INDIA. SUPREME COURT HELD THAT THE GURANTEE OF A FAIR CONSIDERATION IN MATTER OF PROMOTION VIRTUALLY FLOWS FROM GUARANTEE OF EQUALITY UNDER ARTICLE 14 OF CONSTITUTION.


*** PRAMOD KUMAR AGRAWAL, ADVOCATE, MEMBER: HIGH COURT BAR ASSOCIATION, ALLAHABAD

CASE LAW : CONSUMER PROTECTION

### CONSUMER COMPANY HAS RIGHT TO PAY ELECTRICITY DUES ONLY ON THE BASIS OF METRE READING NOT AS PER LOAD ,IF THE COMPANY HAS PRIVIOUSLY APPLIED TO MINIMISE THE LOAD .THIS IS THE VIEWOF ALLAHABAD HIGH COURT.


### NON SUPPLY OF ELECTRICITY WITHIN THE PRESCRIBED PERIOD TO CONSUMER IS LACK OF SERVICES ON PART OF ELECTRICITY DEPTT. SUPREME COURT HELD THAT ELECTRICITY DEPTT. IS RESPONSIBLE FOR COMPENSATION.


### VARIOUS HIGH COURTS AND NATIONAL COMMISSION HELD IN MANY CASES THAT THE GOVT. AND DEPARTMENTS ARE DUTY BOUND AND RESPONSIBLE TO PAY ALL BALANCED MONEY / PAYMENT REGARDING PRAVIDENT FUND ETC.WITHIN REASONABLE TIME. IN CASE OF NON PAMENT OR LATE PAYMENT , THEY WILL BE RESPONSIBLE FOR SUCH PAYMENT WITH INTEREST AND COMPENSATION.


### IF ANY RAIL PASSANGER FELLDOWN AND INJURED DUE TO CROWED OF OTHER PASSENGERS OR ANY LOSS OF GOODS OF PASSENGERS OCCUR BY THEFT OR OTHER CRIMINAL ACTIVITY,RAILWAY AUTHORITIES ARE LIABLE TO PAY COMPENSATION .THIS VIEW IS GIVEN BY HIGH COURTS AND NATIONAL COMMISSION.


### NON ISSUANCE OF PASS BOOK BY POSTAL DEPARTMENT AFTER TAKING MONEY, IS LACK OF SERVICES ON PART OF POSTAL DEPTT. NATIONAL COMMISSION PASSED AN ORDER TO PAY COMPENSATION.


### IF ANY PERSON OR ANIMAL INJURED OR DIED DUE TO MIS HANDLING OF ELECTRIC WIRING, ELECTRICITY DEPTT. IS RESPONSIBLE TO PAY COMPENSATION . THIS VIEW IS OF ALLAHABAD HIGH COURT.


#### SUPPLY OF NON HIGHGENIC AND UNHEALTHY FOOD MATERIAL TO ITS PASSANGERS BY AIRWAYS COMPANY, IS LACK OF SERVICES AND NEGLIGENCY . NATIONAL COMMISSION PASSED AN ORDER FOR COMPRNSATION. .


#### IF THE INJURED OR DEAD DRIVER OF A VEHICLE HAS NO VALID LICENCE AT THE TIME OF ACCIDENT, INSURANCE COMPANY IS NOT LIABLE TO PAY ANY AMOUNT TO SUCH PERSON THIS VIEW IS GIVEN BY ALLAHABAD HIGH COURT.


### LEAKAGE OF WATER IN VEHICLE DUE TO THE DEFECTIVE GLASS IS LACK OF SERVICES.NATIONAL COMMISSION HELD THAT MANUFACTIRING COMPANY IS RESPONSIBLE FOR LOSS AND COMPENSATION TO CONSUMER.


### CANCELLATION OF CONFIRM TICKET BY AIRWAYS COMPANY WITHOT ANY REASION AND INFIOMATION TO PASSANGER IS LACK OF SERVICES ON PART OF COMPANY. HIGH COURT / NATIONAL COMMISSION HELD THAT COMPANY IS RESPONSIBLE TO REFUND THE MONEY WITH COMPENSATION.


### NON PAYMENT OF AMOUNT OF KISAN VIKAS PATRA ON MATURITY IS LACK OF SERVICE ON PART OF POSTAL DEPARTMENT.NATIONAL COMMISSION HELD THAT POST OFFICE IS LIABLE TO PAY THE AMOUNT WITH INTEREST.


#### IN CASE OF NON DELIVERY OF BOOKED CONSIGNMENT OR DENY TO MAKE PAMENT IN LUE OF COST OF GOODS OF CONSIGNMENT, TRANSPORT COMPANY IS LIABLE FOR COMPENSATION. THIS IS THE VIEW OF NATIONAL COMMISSION.


### IF ANY LOSS , INJURY OR DEATH OF A PERSON OCCURED DUE TO DEFECTED REGULATOR OR GAS CYLENDER , GAS AGENCY IS RESPONSIBLE FOR COMPENSATION TO THE AFFECTED PERSON OR HIS FAMILY.THIS VIEW IS OF ALLAHABAD HIGH COURT.


*** PRAMOD KUMAR AGRAWAL, ADVOCATE, MEMBER: HIGH COURT BAR ASSOCIATION, ALLAHABAD.

CASE LAW : RIGHT TO INFORMATION

### ACCORDING TO A JUDGEMENT OF ALLAHABAD HIGH COURT NO PERSON CAN GET PHOTOSTATE COPIES OF ANSWERSHEET UNDER RIGHT TO INFORMATION ACT ,2005.


### GOVERNMENT ADDED PRIVATE EDUCATIONAL INSTITUTIONS ARE IN THE VIEW OF PUBLIC AUTHORITY. THEY ARE BOUND TO GIVE [ FURNISH ] INFORMATIONS TO THE APPLICANTS UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT, 2005. THIS VIEW IS GIVEN BY ALLAHABAD / PUNJAB & HARYANA HIGH COURT.


### PRAMOD KUMAR AGRAWAL, ADVOCATE, MEMBER : HIGH COURT BAR ASSOCIATION, ALLAHABAD.

CASE LAW : HUMAN RIGHT AND CONSTITUTION

### ILLEGAL DETENTION OF A PRISIONER IN JAIL WITHOUT ANY ORDER IS LIKELY TO BE AN INFRIDGMENT OF FUNDAMENTAL RIGHT GIVEN UNDER OUR CONSTITUTION. ALLAHABAD HIGH COURT PASSED AN ORDER FOR THREE LAC COMENSATION AGAINST STATE GOVERNMENT. .


### BLOCKEDGE OF PUBLIC PLACE BY ANY ACT IS TOTALLY INFRIDGEMENT OF FUNDAMENTAL RIGHT GIVEN UNDER ART. 19[1][d] OF INDIAN CONSTITUTION. ACCORDING TO ORRISSA HIGH COURT , STATE GOVT. IS RESPONSIBLE FOR COMPENSATION TO AFFECTED PERSON. THIS AMOUNT MAY BE RECOVERED FROM RESPONSIBLE PERSON.


### STATE GOVT. IS DUTY BOUND TO PROTECT THE PONDS OF VILLAGES . IF ANY LOSS OR DEATH OCCURED DUE TO UNSAFE PONDS STATE GOVT . IS RESPONSIBLE TO PAY COMPENSATION . THIS VIEW IS OF RAJSTHAN HIGH COURT.


### ELECTRICITY IS INCLUDE IN THE RIGHT OF LIFE UNDER ART. 21 OF THE INDIAN CONSTITUTION.BECAUSE WITHOUT EIECTRICITY THERE IS NO LIFE.THIS IS THE VIEW OF ALLAHABAD HIGH COURT.


### IT IS THE CONSTITUTIONL OBLIGATION OF THE STATE TO PROTECT THE LIFE, LIBERTY AND PROPERTY OF A PERSON .MADRAS HIGH COURT HELD THAT THAT IF ANY PERSON'S PROPERTY IS TAKEN AWAY WITHOUT AUTHORITY OF LAW BY ANY PRRSON , SUCH PERSON CAN PROTECT HIS RIGHT BY APPROACHING HIGH COURT UNDER ART. 226 OF THE CONSTITUTION OF INDIA.. NOT WITHSTANDING DELITION OF ART. 19[1][f] AND ART.32.


### DEATH OF UNDER TRIAL PRISONER IN JAIL DUE TO FAILURE OF JAIL AUTHORITIES TO PROVIDE TIMELY MEDICAL TREATMENT IS AMOUNTING TO BREACH OF HIS RIGHT OF LIFE. ALLAHABAD AND BOMBAY HIGH COURTS HELD THAT THE STATE GOVT. IS HELD LIABLE TO PAY COMPENSATION TO HIS DEPENDENTS.




*** PRAMOD KUMAR AGRAWAL , ADVOCATE MEMBER : HIGH COURT BAR ASSOCIATION , ALLAHABAD.