‘PAY ₹30,000 TO MAN FOR MISSING FLIGHT DUE TO TRAIN DELAY’

‘PAY ₹30,000 TO MAN FOR MISSING FLIGHT DUE TO TRAIN DELAY’

Railways can’t be slowcoach: SC

Dhananjay.Mahapatra@timesgroup.com

New Delhi:08.09.2021

In a first of its kind ruling that will jolt the Railways and pleasantly surprise the general public that takes train delays as part of life, the Supreme Court ordered the Railways to pay a compensation of Rs 30,000 to a man who missed a flight from Jammu to Srinagar as the Ajmer-Jammu Express reached its destination four hours late.

A bench of Justices M R Shah and Aniruddha Bose fastened accountability on the Railways for delayed running of trains. It said that if the Railways cannot explain why a train reached its destination late causing inconvenience to passengers, then it would be liable to compensate them in case they filed a deficiency of service complaint before a consumer forum.

The SC said passengers’ time is precious and someone must be held accountable for train delays. “These are the days of competition and accountability. If the public transportation has to survive and compete with private players, they have to improve the system and their working culture. Citizen/passenger cannot be at the the mercy of the authorities/administration. Somebody has to accept the responsibility,” it said.

Justices Shah and Bose upheld the concurrent orders of the district, state and national consumer forums granting Rs 30,000 compensation with 9% interest to Sanjay Shukla, who with his family missed the 12 noon flight from Jammu to Srinagar because the train scheduled to reach Jammu at 8.10am on June 11, 2016 had chugged into the final stop almost four hours late at 12 noon, leaving the family with no chance of making it on time to the Jammu airport which was at quite a distance from the station.

The family had to arrange for a taxi to travel from Jammu to Srinagar at a cost of R 15,000 and pay Rs 10, 000 for lodging at Srinagar. The district consumer forum, Alwar, had surprised the Northern Western Railways by ordering it to reimburse to Shukla the costs incurred towards taxi fare and lodging and also pay an additional Rs 5,000 for mental agony and litigation expenses. The forum’s decision was upheld by State Consumer Disputes Redressal Commission and the National Commission. The Railways then appealed against the NCDRC decision in the SC.

Additional solicitor general Aishwarya Bhati argued that in view of Rule 114 and Rule 115 of the Indian Railway Conference Association Coaching Tariff No. 26 Part-I (Volume-I), there shall not be any liability of the railways to pay compensation for train delays. But, the bench was in no mood to accept the argument given the chronicity of delay in running of trains in India.

TIME IS MONEY

CM advances disbursement of hike in dearness allowance for govt staff Regularises Suspension Days As Working Days

CM advances disbursement of hike in dearness allowance for govt staff

Regularises Suspension Days As Working Days

TIMES NEWS NETWORK

Chennai:08.09.2021

Chief minister M K Stalin on Tuesday announced a slew of measures for government employees, including advancing disbursement of hike in dearness allowance, cancelling suspension on the last working day for staff facing disciplinary action, regularisation of strike and suspension days as working days and simplifying procedures for compassionate appointments.

In a suo motu statement in the state assembly, Stalin said despite a financial crisis the state government would implement the dearness allowance hike from January1, 2022, which is three months in advance, following requests from government employees’ unions. "Due to this decision, 16 lakh government employees and pensioners will be benefited. The government will incur an additional expenditure of ₹620crore and an annual expenditure of ₹6,480crore," he said. Stalin said the government would end the practice of suspending government employees, facing disciplinary and other charges, on the last working day. He further announced that the government would release new guidelines simplifying the norms for appointment under compassionate grounds. "After considering the demands of employees’ unions, the government decided to regularize the strike and suspension periods of government employees, who participated in various strikes called by unions in 2016, 2017 and 2019. The teachers, who were transferred will be given priority in transfer counselling. The government will cancel all disciplinary actions initiated against teachers during the strike and in case their promotion is affected by the disciplinary action, it will be rectified," CM said.

Further, the retirement age for noon meal workers would be increased from 58 to 60 years. The CM said the increment for higher educational qualification which was cancelled in 2020 would be restored again by following the Union government's guidelines. "With increase in enrolment in government schools, the government will take measures to appoint more teachers to meet the teacher: student ratio," he said. The chief minister said steps would be taken to fill vacancies for posts of junior assistants in government schools through Tamil Nadu Public Service Commission (TNPSC). Moreover, an order would be passed to include sons and daughters of government employees, dependent on them, without considering their age, under the health insurance scheme for government staff. For Covid-19 treatment, the government would fund the excess amount in case the treatment cost exceeds ₹10 lakh.

Times of India 07.09.2021

 

Hry to relieve its 116 docs on Sept 30

Hry to relieve its 116 docs on Sept 30

TIMES NEWS NETWORK

Chandigarh:07.09.2021

In a major setback to Haryana’s preparedness for the anticipated third wave of Covid-19, the state health department has decided to do away with the services of 116 medicos from September 30. The decision has been taken consequent to the health department’s new guideline of bringing down the age of superannuation of Haryana Civil Medical Services (HCMS) doctors to 58 with immediate effect.

Till now, doctors who attained the age of 58 were given an extension of service, as consultants, in the health department with same service benefits.

With this new circular released by health department on Friday, doctors, once they attain the age of superannuation, would be re-employed only after they are officially relieved and after filling an online proforma.

The HCMS association has decided to take up the issue with state home minister Anil Vij. “This system of automatic extension is prevalent even at the Centre... Imagine the plight of those on extension who did not even apply for the retirement benefits due to automatic extension. It is well known that only those in need of job opt for extension, else they would have resigned after a particular period,” said Dr Jasbir Singh Panwar, president of HCMSA. Service rules stipulate that either party serves a notice of three months ahead of relieving or resigning from the job. But, in this case all 116 doctors will be relieved on September 30, he added.

When contacted, Vij cited the change of rules but claimed that all those on extension will have the job security. “What we have done is that instead of giving one-time extension, it (extension) will be given every year. Besides, they will be deployed at places where their services are really needed. Now, most of the consultants want Panchkula or choice postings, which is not possible. Hence postings will be done on basis of requirement,” he said.

Panwar claimed that most of the doctors who will be relieved are specialists and have undergone training for the third wave. He also rued delay on the part of government for creation of sub cadre of specialist and other demands. “Even though the chief minister and the home minister have given a go ahead, the files have been lying with the administrative secretaries for the past year and half,” he added.

HP is champion of vaccination: Modi

Shimla:

Prime Minister Narendra Modi, in a virtual interaction with healthcare workers and beneficiaries of Covid vaccination program of Himachal Pradesh on Monday, said the hill state had emerged as a “champion” of Covid inoculation. He said the state was able to achieve this target due to effective implementation of the vaccination drive and public awareness. Chief minister Jai Ram Thakur said till September 3, 55,28,648 people had been inoculated with the first dose of Covid vaccine and17,92,715 people had been inoculated with two doses of vaccine. TNN

CBSE guidelines out, MCQ-based exams for Class 10 & 12 in 1st term

CBSE guidelines out, MCQ-based exams for Class 10 & 12 in 1st term

Ramendra.Singh@timesgroup.com

Bhopal:07.09.2021

Like engineering students, CBSE school students of Class 10 and 12 in Bhopal will have MCQ-based questions in the first term in November and December.

This is not a only a new experience but a radical shift from the usual pattern of evalutaion, keeping both students and teachers on their toes.

Schools have begun organising orientation classes to clear the doubts of students and parents. CBSE had issued comprehensive guidelines for schools to conduct the exams.

The paper will now have case-based MCQs and MCQs on assertion-reasoning type. The second one is the one that will need more effort to get used to. Learning by rote will not work. Unless one has clear knowledge of concepts, it is difficult to atempt assertion based questions.

The tests will be of 90-minute duration and cover only the rationalized syllabus of Term I only (around 50% of the entire syllabus) Exams will be conducted under the supervision of External Center Superintendents and Observers appointed by CBSE.

The responses of students will be captured on OMR sheets which, after scanning may be directly uploaded at CBSE portal or alternatively may be evaluated and marks obtained will be uploaded by the school the very same day. The final direction in this regard will be conveyed to schools. Marks of the term-1 will contribute to the final overall score of students.

“Preparing for MCQ is completely different from theoretical exam preparation. Due to fear of third wave of Covid, I am not able to attend classes. In such a situation, preparing for the exams is dicey,” said Prashant Mishra, a class 12 student. Teachers said there is a lot of uncertainty regarding academics. “CBSE guidelines itself suggest that anything could happen. Instead of focusing on academics, students and parents are spending more time on the scheme of the examinations,” said a teacher.

Citizens can opt for early second dose, says Kerala HC

Citizens can opt for early second dose, says Kerala HC

TIMES NEWS NETWORK

Kochi:07.09.2021

The Kerala high court on Monday held that not allowing citizens to have the second dose of Covid-19 vaccine early, while allowing some categories such as those going abroad, was discriminatory, especially when they are willing to avail paid vaccination. Allowing pleas filed by Kitex Garments Limited and another company for early second-dose vaccination of their workers, Justice PB Suresh Kumar ordered the Central government to make changes to vaccine-booking portal CoWIN to allow citizens willing to pay for the second dose to choose between an early vaccination to be safe or a late vaccination for better efficacy.

Both the Central and state governments had agreed before the court that early second-dose vaccination is being allowed for some categories, such as people going abroad for jobs or studies, government officials requiring travel abroad, and those participating in the Olympics. The court held that citizens who pay for Covishield vaccine have the right to choose whether to be vaccinated after four weeks of first dose, as was originally prescribed by the government, or after 84 days as prescribed by the Central government citing better efficacy.

In the judgment, the court noted that vaccination is voluntary and the dosage gap prescribed by the Central government can only be considered advisory. In such circumstances, there is no reason for the Central government to oppose its own decision to distribute vaccines through private hospitals to enable people to get vaccinated early, the court said. The court has also clarified that it has not given a ruling on whether citizens have a choice for early vaccination or late vaccination while availing vaccines for free from the government.

Advocate Blaze K Jose had argued for Kitex that the preventing early administration of second-dose vaccines to the petitioner’s employees after having bought the vaccine at a cost of Rs 1.5crore amounts to discrimination.

People wait in a queue to receive Covid-19 vaccine dose in Kochi

Priests can’t become owner of temple deity’s land: SC

Priests can’t become owner of temple deity’s land: SC

‘Neither Can Collector Substitute Name Of Deity As Owner’

Dhananjay.Mahapatra@timesgroup.com

New Delhi:07.09.2021

To stop the fence from eating the grass, the Supreme Court has ruled that priests, who perform daily rituals in a temple, cannot become owners of the land vested in deities and also stopped the government from becoming the owners of the said assets by substituting the name of priests with that of area collector. This ruling was given by a bench of Justices Hemant Gupta and A S Bopanna while allowing an appeal filed by Madhya Pradesh government which had struck down a state government notification deleting the names of priests from revenue records as owners of temple land vested in deities.

Appearing for the state, advocate Saurabh Mishra argued that the executive instructions were issued to delete the names of ‘Pujari’ (priest) from the revenue record so as to protect the temple properties from unauthorised sale by them. Appearing for the association of priests, advocate Divyakant Lahoti submitted that the ‘pujaris’ have been conferred ‘Bhumiswami (ownership)’ rights, a right which cannot be taken away by executive instructions.

Writing the judgment for the bench and taking into consideration various decisions of the SC in similar issues, Justice Gupta said, “Taking into consideration the past precedents, and the fact that under the Gwalior Act, Pujari had been given right to manage the property of the temple, it is clear that it does not elevate him to the status of tenant in cultivation... Since the priest cannot be treated to be Bhumiswami, they have no right which could be protected under any of the provisions of the Code.”

The SC said in the ownership column, the name of the deity alone is required to be mentioned, as the deity being a juristic person is the owner of the land. “The occupation of the land is also by the deity which is carried out by the servant or the managers on behalf of the deity. Therefore, the name of the manager or that of the priest is not required to be mentioned in the column of occupier as well,” it ruled and said that the state government did not commit any mistake in issuing executive instructions to delete priests as owners of lands belonging to deities.

The SC did not approve of the state’s decision to substitute names of priests with collectors as owners of the temple land. “We find that the name of the Collector as manager cannot be recorded in respect of property vested in the deity as the Collector cannot be a manager of all temples unless it is a temple vested with the State,” it said.

Pujari has been given right to manage the property of the temple. It does not elevate him to the status of tenant in cultivation. Since the priest cannot be treated to be Bhumiswami, they have no right, which could be protected under any of the provisions of the Code

SUPREME COURT