Service Law; S. Gireesh Vs. State [Kerala High Court, 23-03-2017]

Constitution of India – Articles 14 and 16 – Daily Wage Earners – Employees’ Regularisation with retrospective effect – a batch of nine employees were left out – Government cites no reason for regularising those nine employees prospectively – Can the Government’s action be sustained – Held, the employer’s and the Government’s […]

Persons with Disabilities; Reena Banerjee Vs. Govt. of NCT of Delhi [Supreme Court of India, 08-12-2016]

Government Mental Hospitals – The 1995 Act as well as 1987 Act make ample provision for not only establishment of Homes for the admission, treatment and care of mentally ill persons but also about the maintenance and conditions and facilities to be provided to the inmates, to ensure that the […]

Government Law Officers; Bineesh K.C. Vs. State [Kerala High Court, 07-10-2016]

Code of Criminal Procedure, 1973 – Section 24 – Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 (Kerala) – Rules 7, 8 and 17 – In the matter of appointment as Public Prosecutors / Additional Public Prosecutors or in composite appointments as District Government Pleaders / Public Prosecutors, Additional District […]

Service Law; Dinesh Shankar N.T. Vs. State [Kerala High Court, 12-07-2016]

Kerala State and Subordinate Services Rules – Rule 39 of Part II – Whether invocation of power of the Government under Rule 39 of Part II of the Rules is to be done as a matter of course, without considering whether it is for a just and equitable reason as mandated […]

Government; Manuelsons Hotels Vs. State of Kerala [Supreme Court of India, 11-05-2016]

Building Tax Act, 1975 (Kerala) – Section 3A – Power to make Exemption – Promissory Estoppel – From 6.9.1990 to 1.3.1993, the power to grant exemption from building tax was statutorily conferred by Section 3A on the Government – the statement of objects and reasons for introducing Section 3A expressly states that the […]

There cannot be any estoppel against the Government

The Supreme Court of India in Bihar Eastern Gangetic Fishermenco-Operative Society Vs. Sipahi Singh, AIR 1977 SC 2149 : 1978 (1) SCR 375 : (1977) 4 SCC 145 held that; The provisions, of Article 299 of the Constitution which are mandatory in character require that a contract made in the […]