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Valerie Avinash Dhepe And Ors vs Income Tax Department on 2 April, 2025

13.6 The respon ndents have c constitu uted th he Com mmittee e for co ollection n of da ata of reserved d categ gory can ndidate es who o have passe ed dep partme ental examin nation on g general l stand or impllementation o dards fo of 'own merit' in prom motion n as pe er extan nt OMs s of De epot an nd in co onsona ance with the e interiim dire ections of Sup preme C Court in n Jarn nail Singh & Ors vs. L Lacchm mi Na arain Gupta a & Ors. dated d 28thJanuar J ry, 202 22. 13.7 So far arrgumen nt adv vanced on b behalf of the e applic cants tthat th here is no pro ovision of law w to allo ow the e respo ondents s to apply a p principl le of 'own m merit' in the e 40 o.557/2023 ‐ 3rd Memb (OA No ber referencce decision)) matte er of g grant of o prom motion n, learn ned co ounsel would d subm mit thatt the sa aid sub bmissio on is not n corrrect sin nce the e Hon'b ble Apex Cou urt in the c case of o Indrra Saw whney y (suprra), R.K K. Sabh harwal (suprra) as well w as iin the case c off Jarnail Sin ngh-I and a Ja arnail Singh h-II (supra)helld thatt the principl p eservatiion in promotion an le of re nd prom motion n on 'o own me erit' is s in co onsonan nce wiith ma andate underr Articlle 16 (4A) and a 16 6 (4B) of th he Con nstitutiion as s amen nded tilll date.

Central Administrative Tribunal - Mumbai Cites 17 - Cited by 0 - Full Document

Amarjeet Kaur And 2 Others vs Civil Judge Senior Division Malihabad ... on 19 January, 2024

ii) In the alternative, to issue suitable order(s) or direction(s), directing the Ld. Civil Judge (Senior Division), Malihabad, Lucknow, to expeditiously decide the Application bearing no. C-6 preferred under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in in Regular Suit No. 2523 of 2023 (Amarjeet Kaur & 2 ors. & Anr. v. Narendra Kumar Rai), pending before it in such time and manner, as this Hon'ble Court may deem fit, in aforesaid facts and circumstances of present case;
Allahabad High Court Cites 4 - Cited by 0 - J Singh - Full Document

Union Territory Of Ladakh vs Jammu And Kashmir National Conference on 6 September, 2023

45. At this juncture, we think it apt to clearly state that the judicial restraint cannot and should not be such that it amounts to judicial abdication and judicial passivism. The Judiciary cannot abdicate the solemn duty which the Constitution has placed on its shoulders i.e. to protect the fundamental rights of the citizens guaranteed under Part III of the Constitution. The constitutional courts cannot sit in oblivion when fundamental rights of individuals are at stake. Our Constitution has conceived the constitutional courts to act as defenders against illegal intrusion of the fundamental rights of individuals. The Constitution, under its aegis, has armed the constitutional courts with wide powers which the courts should exercise, without an iota of hesitation or apprehension, when the fundamental rights of individuals are in jeopardy. Elucidating on the said aspect, this Court inVirendra Singh v. State of U.P. [Virendra Singhv. State of U.P., AIR 1954 SC 447] has observed : (AIR p. 454, para 34) “34. … We have upon us the whole armour of the Constitution and walk from henceforth in its enlightened ways, wearing the breastplate 24 of its protecting provisions and flashing the flaming sword of its inspiration.”
Supreme Court of India Cites 67 - Cited by 3 - V Nath - Full Document

Pitambar Singh vs Sri Seva Ram, Divisional Director ... on 27 September, 2019

"Considering the above, this petition stands disposed of directing the respondent no. 4 to examine petitioner's claim, both in the matter of his regularisation as well as payment in minimum pay scale, in accordance with law, within a period of 4 months from the date of presentation of certified copy of this order, keeping in view the observations made by the Hon'ble Supreme Court in State of Punjab (supra) and in accordance with Rules of 2016."
Allahabad High Court Cites 2 - Cited by 0 - M C Tripathi - Full Document
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