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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Balvinder Kaur – Appellant
Versus
Secretary, Indian Red Cross Society Punjab State Branch – Respondent
| Table of Content |
|---|
| 1. nature of the writ petition and specific relief sought by the petitioner. (Para 1) |
| 2. conflicting contentions regarding retrospective pay fixation and applicability of government schemes. (Para 2 , 3 , 4 , 5) |
| 3. writ jurisdiction is reserved only for matters involving statutory rules or public law elements. (Para 6 , 7 , 8 , 9 , 11) |
| 4. dismissal of petition due to lack of statutory status and existence of alternative remedies. (Para 10 , 12 , 13 , 14) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present petition has been preferred under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing order dated 16.10.2015 (Annexure P-1) vide which the pay of the petitioner has been downgraded/reduced by refixing it w.e.f. 01.01.1996, order dated 01.07.2016 (Annexure P-2) whereby the pay of the petitioner for the post of Junior Assistant was retrospectively reduced, after her retirement. Further, for quashing of noting dated 28.02.2015 (Annexure P-3) vide which retiral benefits such as leave encashment and DCRG was wrongly calculated and paid to the petitioner, without issuing any notice or providing an opportunity of heari
Writ jurisdiction under Article 226 is not maintainable against a society for service-related disputes where the service conditions are not governed by statutory rules and the relationship is purely ....
The SGPC's Service Rules are statutory, making writ petitions against it maintainable; benefits can be withheld pending inquiry only if procedural compliance ensures no prejudice occurs.
The main legal point established in the judgment is the authority's power to terminate services under Rule 15(ii) of the Anandalaya Education Society (Service conditions, discipline, conduct and appe....
The main legal point established in the judgment is that the petitioner, as an employee of a school with a public element in imparting education, was entitled to avail the remedy under Article 226 of....
A writ petition under Article 226 is not maintainable against a private employer for contractual termination unless it involves a public law element.
Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quash....
The court affirmed that writ jurisdiction under Article 226 is not maintainable when an alternative statutory remedy exists, particularly in private employment disputes.
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