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Raghbir Singh vs State Of Punjab And Others on 12 January, 2021

A Co-ordinate Bench of this Court in CWP-17952 of 2012 tilted as 'Kailash Chander Sharma Vs. State of Haryana and another', decided on 13.10.2014 held that where the departmental proceedings were dropped by recording the fact that the charges were not proved, the denial of the consequential benefits of actual arrears of the salary for the period the person remained out on the basis of 'no work no pay' is arbitrary and cannot be sustained. The relevant paragraphs of the judgment, wherein, the law on the subject has been noticed while giving finding, are as under: -
Punjab-Haryana High Court Cites 16 - Cited by 2 - H S Sethi - Full Document

Easi Mohd. Alam @ Alam vs State Of Haryana And Others on 19 September, 2022

10. Now coming to the legal position, insofar as application of the 6 of 12 ::: Downloaded on - 21-09-2022 10:07:31 ::: CWP No. 12031 of 2019 7 principle of 'No Work No Pay' is concerned, this Court in CWP-17952 of 2012 tilted as 'Kailash Chander Sharma Vs. State of Haryana and another', decided on 13.10.2014 held that where the departmental proceedings were dropped by recording the fact that the charges were not proved, the denial of the consequential benefits of actual arrears of the salary for the period the person remained out on the basis of 'no work no pay' is arbitrary and cannot be sustained. The relevant paragraphs of the judgment, wherein, the law on the subject has been noticed while giving finding, are as under: -
Punjab-Haryana High Court Cites 18 - Cited by 1 - J Thakur - Full Document

Arun Kumar Singh Son Of Sri Shambhu ... vs State Of U.P. Through The Chief ... on 8 July, 2005

"It is therefore crystal clear that the advertisement and the whole selection process that ensued Were meant only to fill up 32 vacancies. Learned counsel, for the respondents relying on the decisions of this Court in Kailash Chandra Sharma v. State of Haryana, and O.P. Garg v. State of U.P. ., contended that when there are temporary vacancies, the direct recruits should have their share of quota in respect of temporary vacancies also.As noted above, the temporary vacancies arose subsequently but even otherwise in the view we are taking namely that the particular advertisement and the consequent selection process were meant only to fill up 32 vacancies and not to fill up the other vacancies, the merit list prepared on the basis of the written test as well as the viva voce will hold good only for the purpose of filling up those 32 vacancies and no further because the said process of selection for those 32 vacancies got exhausted and came to an end, If the same list has to be kept subsisting for the purpose of filling up other vacancies also that would naturally amount to deprivation of rights of other candidates who would have became eligible subsequent to the said advertisement and selection process."
Allahabad High Court Cites 26 - Cited by 4 - Full Document

K. Kataiah And Ors vs Registrar Of Co-Operative Societies ... on 17 September, 1998

Ordinarily, authorities need not be cited in support of the well established position, but since the senior Counsel is contesting the correctness of the well established position in relation to writ of quo warranto, the Court should state the authorities t in support of its opinion, and they are the decisions of the Supreme Court in Devilal v. S.T.O., ; Tilokchand Molichand v. H.B. Munshi (supra); Ram Sukh v. State of Rajasthan, ; Kailas Chander v. State of Haryana, ; to cite the few among hundreds of decisions of the Supreme Court and the High Courts.
Andhra HC (Pre-Telangana) Cites 27 - Cited by 0 - Full Document

Vinod Kumar Jain vs State Through Central Bureau Of ... on 16 May, 1990

(7) In Kailash Sharma v. State, 1973 Cri L.J 1021,it has been held by a Single Judge of this Court that even if one of the ingredients of the offence of cheating takes place outside India the provisions of Section 188 of the Code come into play and no inquiry or trial could take place without obtaining the necessary sanction of the Central. Government Counsel for the petitioner has vehemently argued that in order to prove conspiracy it is. not necessary that there should be availa.bleonly direct evidence,, the offence of conspiracy could be proved even from circumstantial evidence or by implication from facts.
Delhi High Court Cites 22 - Cited by 1 - Full Document

State Of Bihar And Another vs Madan Mohan Singh And Others on 13 October, 1993

The proceedings of the Full Court meeting dated 24.11.90 would show that the Full court finalised the selection for filling up 32 vacancies only and sent a list of 32 candidates in order of merit. However, a further resolution was passed that if any further vacancy in the quota of the direct recruits was required to be filled up within a period of one year the same be filled up by recommending the candidates in order of merit from amongst the remaining candidates in the merit list. It is therefore crystal clear that the advertisement and the whole selection process that ensued were meant only to fill up 32 vacancies. learned Counsel for the respondents relying on the decisions of this Court in Kailash Chandra Sharma v. State of Haryana and Ors. [1989] Suppl. 2 S.C.C. 696 and O.P. Garg and Ors. etc. etc. v. State of U.P. and Ors. , contended that when there are temporary vacancies, the direct recruits should have their share of quota in respect of temporary vacancies also. As noted above, the temporary vacancies arose subsequently but even otherwise in the view we are taking namely that the particular advertisement and the consequent selection process were meant only to fill up 32 vacancies and not to fill up the other vacancies, the merit list prepared on the basis of the written test as well as the viva-voce will hold good only for the purpose of filling up those 32 vacancies and no further because the said process of selection for those 32 vacancies got exhausted and came to an end. If the same list has to be kept subsisting for the purpose of filling up other vacancies also that would naturally amount to deprivation of rights of other candidates who would have become eligible subsequent to the said advertisement and selection process.
Supreme Court of India Cites 3 - Cited by 96 - Full Document

Ranjeet Singh & Ors vs State Of Jharkhand & Ors on 2 August, 2012

The proceedings of the Full Court meeting dated November 24, 1990 would show that the Full Court finalised the selection for filling up 32 vacancies only and sent a list of 32 candidates in order of merit. However, a further resolution was passed that if any further vacancy in the quota of the direct recruits was required to be filled up within a period of one year the same be filled up by recommending the candidates in order of merit from amongst the remaining candidates in the merit list. It is therefore crystal clear that the advertisement and the whole selection process that ensued were meant only to fill up 32 vacancies. Learned counsel for the respondents relying on the decisions of this Court in Kailash Chander Sharma v. State of Haryana and O.P. Garg v. State of U.P. contended that when there are temporary vacancies, the direct recruits should have their share of quota in respect of temporary vacancies also. As noted above, the temporary vacancies arose subsequently but even otherwise in the view we are taking namely that the particular advertisement and the consequent selection process were meant only to fill up 32 vacancies and not to fill up the other vacancies, the merit list prepared on the basis of the written test as well as the viva voce will hold good only for the purpose of filling up those 32 vacancies and no further because the said process of selection for those 32 vacancies got exhausted and came to an end. If the same list has to be kept subsisting for the purpose of filling up other vacancies also that would naturally amount to deprivation of rights of other candidates who would have become eligible subsequent to the said advertisement and selection process.
Jharkhand High Court Cites 45 - Cited by 0 - D N Patel - Full Document

Kalpesh Govindbhai Solanki vs Ahmedabad Municipal Corporation ... on 16 August, 2016

The proceedings of the  Full Court meeting dated 24­11­90 would show  that the Full Court finalised the selection  for filling up 32 vacancies only and sent a   list   of   32   candidates   in   order   of   merit.  However,   a   further   resolution   was   passed  that if any further vacancy in the quota of   the   direct   recruits   was   required   to   be   filled   up   within   a   period   of   one   year   the  same   be   filled   up   by   recommending   the  candidates   in   order   of   merit   from   amongst  the remaining candidates in the merit list.  It   is   therefore   crystal   clear   that   the   advertisement   and   the   whole   selection  process that ensued were meant only to fill  up   32   vacancies.   Learned   counsel   for   the   respondents relying on the decisions of this  Court in Kailash Chandra Sharma v. State of  Haryana.
Gujarat High Court Cites 11 - Cited by 0 - A Kumari - Full Document

Prashant Kapoor vs High Court Of Punjab And Haryana At ... on 26 July, 2016

38. This apart, the petitioner through his senior counsel also places reliance on a selection of Division Bench decisions of this Court in the same line after applying the law in Jankiraman. These rulings are reported in State of Haryana v. Bani Singh Yadav, (2005) ILR 1 Punjab and Haryana 493; Sudershan Kumar v. The State of Haryana and another, 1997 (2) RSJ 416; Avtar Singh v. State of Haryana and another, 1998 (1) RSJ 317 & Vidya Parkash Harnal v. State of Haryana, 1995 (3) SCT 785 and lastly a 28 of 30 ::: Downloaded on - 13-09-2016 20:25:58 ::: CWP No.20553 of 2012 -29- Single Bench in Kailash Chander Sharma v. State of Haryana and another, 2015 (2) SCT 130, all of which may not require a detailed discussion here.
Punjab-Haryana High Court Cites 15 - Cited by 1 - R N Raina - Full Document
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