LawforAll

▼
Showing posts with label AP AND TELANGANA HIGH COURT. Show all posts
Showing posts with label AP AND TELANGANA HIGH COURT. Show all posts
Wednesday, October 18, 2017

AP AND TELANGANA HIGH COURT- Service Matter - directing to recruit the full time and part time Masalchies, who have put in more than 15/10/5 years of service in their respective units for recruitment to the posts of Attenders, the petitioner, who is also a part time masalchie, comes before us by way of this writ petition, seeking for such recruitment as an Office Subordinate. = Central Government, State Government and their instrumentalities have right to engage daily wagers on the agreed wages, on contractual basis, ad hoc and temporary basis and there is no prohibition in the Constitution or under any law of the land. However, their appointment should be in accordance to law. - Merely because the masalchies were not appointed by following the procedure prescribed for the post into which they are absorbed, it cannot be said in all cases, that their initial appointment itself was with ulterior motive. The penury of the petitioner and the likes may be one of the reasons for them to accept the employment with meagre wages. But, however, our sympathies to the petitioner, who has worked in the same capacity, with meagre wages, for several years, do not permit us to apply the circular to the petitioner as it is only issued as one time measure, as is made clear by the circular of the High Court dated 26.07.2014 by the words that the circular is only one time arrangement and would be applicable to the existing incumbents as on the date of the circular. With that thought, we can only recommend to the High Court to consider the case of the petitioner and other similarly placed employees and to explore the possibility and feasibility of issuing a circular similar to the circular issued earlier.

›
http://judis.nic.in/HCS/list_new2.asp?FileName=14375&Table_Main_Txt=apordtext THE HONBLE SRI JUSTICE V. RAMASUBRAMANIAN & THE HONB...

AP AND TELANGANA HIGH COURT- writ of Mandamus to declare Statute 13(3) made under the Rajiv Gandhi University of Knowledge Technologies Act, 2008 (for short the Act), and the procedure prescribed by the respondents for selection of candidates for admission into the six year integrated B-Tech programme for the academic year 2017-18, as illegal, contrary to the provisions of the Presidential Order, and in violation of Articles 14, 15 and 371(D) of the Constitution of India, and to strike down the same.= Statute 13 (3) of the Act violates Articles 14 and 15 of the Constitution of India, and is liable to be struck down on this ground alone= It is only students, who were admitted prior to the date of the judgment, who were directed by the Supreme Court not to be disturbed. We had by the order dated 14.07.2017, while issuing notice before admission, directed the respondent-University to reserve six seats, among the seats remaining unfilled as on the date of the order, in the S.V. University local area. These six seats have, admittedly, not been filled-up till date. As a consequence of our order, declaring Statute 13(3) made under the Act ultra vires Articles 14 and 15 of the Constitution of India, the respondent- university shall consider all eligible candidates, strictly in the order of their inter-se merit, for admission to the six un-filled seats in the six year integrated engineering course. This exercise shall be completed, and the selected students shall be admitted, within two weeks from the date of receipt of a copy of this order.

›
http://judis.nic.in/HCS/list_new2.asp?FileName=14380&Table_Main_Txt=apordtext HONBLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND T...

AP AND TELANGANA HIGH COURT = the Writ Petition in a contractual matter is not maintainable. In respect of bank guarantees, the satisfaction of the beneficiary is final with regard to breach of the covenants between the beneficiary and the person on whose behalf the bank guarantee was issued and the bank has no other alternative except to honour the payment under the guarantee. In the case before me, though the respondents satisfy the requirement of State, no relief can be granted in the present Writ Petition in the absence of any element of public law. The contract between the petitioners and the respondents are purely private contracts. The first point is answered accordingly.- Hence, I am of the opinion that the present Writ Petition challenging the letter dated 26.07.2017 is not maintainable and the Writ Petition is liable to be dismissed.

›
http://judis.nic.in/HCS/list_new2.asp?FileName=14379&Table_Main_Txt=apordtext THE HONBLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petit...