Topic

judicial direction

3 articlesLatest 3 weeks ago
Superannuation Does Not Extinguish Pending Regularization Claims : MPHC Gwalior Upholds Daily Wager Rights Under State Circulars
Case Law Analysis
|Madhya Pradesh High Court

Superannuation Does Not Extinguish Pending Regularization Claims : MPHC Gwalior Upholds Daily Wager Rights Under State Circulars

The Madhya Pradesh High Court, Gwalior Bench, ruled that superannuation does not bar consideration of a daily wager's claim for regularization or benefits under state circulars, even if adjudication is pending. The court directed authorities to decide the petitioner's claim on merits post-resolution of related litigation, reinforcing that retirement does not nullify entitlements accrued during service.

Administrative Discretion Cannot Override Court-Appointed Expert Findings on Structural Safety | Livelihood Rights Under Article 21 : High Court of Jammu & Kashmir and Ladakh
Case Law Analysis
|Jammu & Kashmir and Ladakh High Court

Administrative Discretion Cannot Override Court-Appointed Expert Findings on Structural Safety | Livelihood Rights Under Article 21 : High Court of Jammu & Kashmir and Ladakh

The High Court of Jammu & Kashmir and Ladakh quashed a municipal order that disregarded a court-supervised expert report declaring shops structurally safe, ruling that administrative authorities cannot override judicially endorsed technical findings when livelihood rights under Article 21 are at stake. The judgment reinforces that arbitrary administrative actions conflicting with judicial directions constitute a fraud on power, particularly where economic rights of citizens are involved.