Dr. Rai Shivendra Bahadur v. The Governing Body of the Nalanda College

Chief Commissioner of Income Tax vs. Susheela Prasad

The appeal is allowed to the aforesaid extent with no

…http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4 CASE NO.: Appeal (civil) 5422 of 2007 PETITIONER: Chief Commissioner of Income Tax & Ors RESPONDENT: Smt. Susheela Prasad and Ors DATE OF JUDGMENT: 27/11/2007 BENCH: Dr. ARIJIT PASAYAT & LOKESHWAR SINGH PANTA JUDGMENT: J U D G M E N T CIVIL APPEAL NO. 5422 OF 2007 (Arising out of SLP (C) No. 8968 of 2006) Dr. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a Division Bench of the High Court of Madhya Pradesh at Jabalpur in Writ Petition No.13440 of 2004. The appellants had challenged the composite…

Chief Commnr of Income Tax, Bhopal vs. M/S. Leena Jain

The appeal is allowed to the aforesaid extent with no

Bench: The Cat Was That They Have Been Performing Their Duties As Data Entry Operators On Contract Basis & Were Being Paid At A Rate Of Rs.10 Per Hour Up To The Maximum Of Rs.50 Per Day. Since They Have Been Working Since A Long Period They Sought For Regularization Placing Reliance On The Factum Of Long Rendition Of Service. In Response, Present Appellants Contended That The Respondents Were Not Departmental Employees & Their Grievances Cannot Be Agitated Before The Cat. Placing Reliance On Some Other Decisions By The Cat, The Stand Of The Present Appellants Was Turned Down & Direction Was Given For Considering The Cases Of Appointment On Regular Basis. A Writ Petition Was Filed Before The High Court, Which Was Dismissed By The Impugned Order.

…ses whether a mandamus could be issued in favour of such persons. At this juncture, it will be proper to refer to the decision of the Constitution Bench of this Court in Dr. Rai Shivendra Bahadur v. The Governing Body of the Nalanda College (1962) Supp. 2 SCR 144. That case arose out of a refusal to promote the writ petitioner therein as the Principal of a college. This Court held that in order that a mandamus may issue to compel the authorities to do something, it must be shown http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4 that the statute imposes a legal duty on the authority and the a…

Chief Commnr of Income Tax, Bhopal vs. M/S. Leena Jain

The appeal is allowed to the aforesaid extent with no

Bench: The Cat Was That They Have Been Performing Their Duties As Data Entry Operators On Contract Basis & Were Being Paid At A Rate Of Rs.10 Per Hour Up To The Maximum Of Rs.50 Per Day. Since They Have Been Working Since A Long Period They Sought For Regularization Placing Reliance On The Factum Of Long Rendition Of Service. In Response, Present Appellants Contended That The Respondents Were Not Departmental Employees & Their Grievances Cannot Be Agitated Before The Cat. Placing Reliance On Some Other Decisions By The Cat, The Stand Of The Present Appellants Was Turned Down & Direction Was Given For Considering The Cases Of Appointment On Regular Basis. A Writ Petition Was Filed Before The High Court, Which Was Dismissed By The Impugned Order.

…ses whether a mandamus could be issued in favour of such persons. At this juncture, it will be proper to refer to the decision of the Constitution Bench of this Court in Dr. Rai Shivendra Bahadur v. The Governing Body of the Nalanda College (1962) Supp. 2 SCR 144. That case arose out of a refusal to promote the writ petitioner therein as the Principal of a college. This Court held that in order that a mandamus may issue to compel the authorities to do something, it must be shown http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4 that the statute imposes a legal duty on the authority and the a…