Constitution of India , Art.226— Promotion - To post of Deans in various Medical Colleges - Based on Civil Medical List (CML) seniority, without reference to date of joining on post of Professor - All petitioners were highly qualified medical professionals to post of Dean, a position requiring five years of teaching experience as a Professor - Initial promotions of petitioners as Professor were unfortunately delayed for several months due to unforeseen administrative reasons - Crucial date for panel preparation for Dean post was set, by which petitioners had not completed the full five years - Crucially, within 48 hours of appointment of fresh panel, promotions were effected belatedly - Delay of petitioners in acquiring five years' experience as Professors was not their fault but due to administrative reasons - More importantly when second panel was actually prepared, all petitioners had, in fact, acquired necessary five years of teaching experience - There was no cause for Government to rush for making appointments - Petitioners were rightly promoted

AIROnline 1996 SC 1107-Distinguished(Paras2728293031323334)

(Para 27 28 29 30 31 32 33 34)

Constitution of India , Art.226— Date of birth - Correction sought at fag end of service - Petitioner-employee sought correction of her year of birth from 1966 to 1967, shortly before her retirement - Employee throughout her service, though undoubtedly having access to her service book wherein date of birth was entered, had not raised any question or objections till the time had come for her to superannuate - Employee had slept over her rights, if any, by agitating her case only when she had superannuated that too 2(two) months after her date of retirement - Correction of entry of date of birth could not be permitted at fag end of service, even if there were materials that could be taken into account for determination of same, this writ petition deserves no consideration - Employee not entitled to relief sought for .

(Para 8 9)

Constitution of India , Art.309— Central Civil Services (Pension) Rules (1972) , R.2— Pensionary benefits - Eligibility - Applicability of Rules 1972 - Employee retired as Junior Assistant and was allowed pension in sum of Rs.8845/- per month till June, 2018, after which it was stopped - On ground that employee superannuated in 2015 whereas Pension Scheme opted by him in 1999 was applicable till 2004 - By framing the 1999 Scheme the State Government had made all the provisions of CCS (Pension) Rules, 1972, applicable to the State Government employees - As per Office Memorandum dated 13.09.2006 employees under parent organization would be govern by Rules 1972 - Employee was transferred to borrowing employer through proper channel when the 1999 Scheme was in force - His absorption letter had a clause that as he was governed by Rules 1972 in parent organization, he shall continue to be govern by the said Rules in the borrowing company - Hence, State cannot deny pensionary benefits to the employee and employee was eligible for the same .

(Para 8 9 12 13 14 15 16)

Constitution of India , Art.226— Disability pension - Entitlement - Short service commission officer in AirForce had suffered head injuries during service, and was assessed with disability at 20% for life and after the initial service of 10 years, an extension was granted to her for 4 years, but she opted for voluntary retirement - It was pleaded that the request for disability pension was rejected on the ground that she had taken premature retirement before completion of the extended terms of engagement - Held, Armed Forces personnels, who were retained in service despite disability which was attributable to service and had foregone lump-sum compensation in lieu of that disability, can be given disability element at the time of their retirement/discharge whether voluntary or otherwise in addition to retiring/service pension or gratuity - Order granting disability element of pension was proper.

(Para 8 9)

Bihar Panchayat Raj Act (6 of 2006) , S.140— Declaring candidate other than returned candidate as elected - Legality - Post of Mukhiya of Gram Panchayat - Election of returned candidate was set aside on ground that he got maximum votes by way of corrupt practices - However, without there being any allegation of corrupt practice and without adjudicating on aspect of corrupt practice, Election Tribunal rendered finding based on same which was illegal and unjust in eyes of law - That apart, post was reserved for Scheduled Caste Female category but opposite party belonged to tati tatva caste which was not a scheduled caste - Therefore, order declaring opposite party as Mukhiya was invalid.

AIR 2008 PAT 165-Relied onAIROnline 2008 PAT 20-Relied on(Paras172021)

(Para 17 20 21)