NEWS TODAY 24-26.10.2024

 

ED misused power: HC; grants relief to edu society dir’s son

ED misused power: HC; grants relief to edu society dir’s son

Swati.Deshpande@timesofindia.com 26.10.2024 

Mumbai : Non-cooperation cannot be a ground for arrest, said the Bombay High Court on Friday, as it granted interim bail to Deepak Deshmukh, son of the Shri Chhatrapati Shivaji Education Society’s director Appasaheb Deshmukh, in an alleged money laundering case under PMLA for which the Enforcement Directorate had arrested him last month. The HC stated that his arrest was ‘sans application of mind’ and that, prima facie, the ED “misused its power of arrest.” “Prima facie, it appears that the powers have been exercised based on the whims, caprice, or fancy of the investigating officer,” said the HC division bench of Justices Revati Mohite Dere and Prithviraj Chavan, who granted Deshmukh interim bail pending the final disposal of his bail application. 

Deshmukh is lodged in a Mumbai Central Jail. His liberty was set for a PR bond of Rs 50,000. The HC permitted his release on cash bail for six weeks, during which he would have to furnish the bond. The HC found some merit in Deshmukh’s senior counsel, Sudeep Pasbola, who argued that the arrest eight years later was a “counter blast” to a criminal petition that Deshmukh filed this year for a direction for registration of an FIR against one Jaykumar Gore and his colleagues in an alleged Covid scam. The ED case against Deshmukh, as argued by the agency’s counsel Sandesh Patil, was based on a 2016 FIR registered by the Satara police in Maharashtra. Patil said Deshmukh was arrested as he failed to cooperate with probe. The ED stated that the education society allegedly sought up to Rs 40 lakh each from students for admissions between the years 2011 and 2016, but never granted admission. The total amount collected was around Rs 69 crore, the ED alleged. The money was deposited in the Society’s account but projected as income of a hospital, the ED probe said. The ED case was also that an amount of Rs 49 lakh was transferred allegedly to Deshmukh’s  account, which the agency claimed was part of the ‘proceeds of crime’. 

The HC said, “We are, prima facie, of the opinion” that Deshmukh’s arrest and consequent orders of remands dated Sep 5, 2024 and Sep 12, 2024 “are illegal, passed in sheer ignorance of the ratio laid down by the Supreme Court in the case of Arvind Kejriwal.” The HC also said it found no reason why and how the petitioner, who has neither been named in the FIR nor has been charge-sheeted in the scheduled offence, came to be arrested after eight years.

‘Chinese national behind digital arrest racket’

‘Chinese national behind digital arrest racket’ 

TIMES NEWS NETWORK 26.10.2024 LUCKNOW 

Lucknow : Following the arrest of two Nepalese nationals in connection with a digital fraud case in the city, the UP special task force (STF) said that a Chinese national could be the mastermind of the gang. The STF had arrested two persons, Saroj Khanal and Shivram Rimal, and found during preliminary investigation that the duo worked under a Chinese national, identified as Ben. According to DySP, STF, Deepak Kumar Singh, the arrested Nepalese suspects confessed that Ben lured them into financial fraud. He added that Khanal and Rimal had been executing digital arrest frauds throughout India for the last one years. Sources in the STF said that preliminary findings indicated that Ben created a network of operatives to expand his illegal operations across multiple states in India. During interrogation, Khanal and Rimal revealed that Ben operated alongside Chakre Milan, a prominent gangster from Nepal. Milan and his associates are known for involvement in illegal activities across Nepal and India

Pending inquiry no bar to travel abroad, says HC

Pending inquiry no bar to travel abroad, says HC 

Ashish.Mehta@timesofindia.com 26.10.2024 

Jaipur : A 59-year-old electrical engineer posted at Rajasthan Electronics and Instruments Limited was granted permission to travel to Singapore to visit his son by a single bench of the Rajasthan High Court on Wednesday. The petitioner approached the HC early this month when he was denied permission to travel. The court emphasised that the term “personal liberty” under Article 21 of the Constitution encompasses a broader scope, which includes the right to travel abroad. Petitioner, Neeraj Saxena, wrote to higher authorities at REIL on Sept 26 and sought permission to travel to Singapore for a period of six days. However, when he received no response until Oct 16, he approached the HC. “He wrote an application seeking permission to travel to Singapore from Oct 30 to Nov 4 to meet his son.

Until Oct 16, when he did not get a reply and his application was not decided by the authorities, we moved a petition at the high court. The court earlier issued notices to the respondents, including REIL. It was submitted by REIL that a departmental enquiry is pending against the accused, thus he can’t be allowed to travel abroad,” said Akhil Simlote, counsel for the petitioner, on Friday. “It was also submitted that in 2019 the petitioner was part of a recruitment board in which irregularities were alleged in two recruitments. But as soon as we moved an applica tion, REIL in its reply stated that a departmental chargesheet was given to the petitioner,” said Akhil. 

The bench comprising Justice Anoop Dhand, while allowing the petitioner, said the term “personal liberty” under Article 21 of the Constitution encompasses a broader scope, which also includes the right to travel abroad. “He should make his personal appearance before the department on his arrival. He shall not visit other countries except Singapore. And if the petitioner does not return to India within the time period, the department shall be at liberty to proceed against the petitioner in accordance with the law,” said Justice Dhand while allowing the petitioner to travel abroad

7 Aus varsities join hands, keen to open joint campus in India

7 Aus varsities join hands, keen to open joint campus in India

26.10.2024

New Delhi : Innovative Research Universities (IRU), a consortium of seven Australian universities has expressed interest in opening a joint campus in India. Discussions on the same took place between education ministry and IRS officials on Thursday and Friday, reports Manash Gohain. Deakin University welcomed its inaugural batch of students to its GIFT City campus in Gujarat in July 2024, thus becoming the first foreign university to start its India operations. 

University of Wollongong (UOW India) is the second Australian university which started offering programmes from its GIFT City campus. As per IRU website, it is “a coalition of public universities across Australia committed to inclusive education and innovative research that advances our communities”, established in July 2003. It comprises of Flinders University, Griffith University, James Cook University, La Trobe University, Murdoch University, University of Canberra, and Western Sydney University. According to govt sources, it expressed interest in an India campus during Union education minister Dharmendra Pradhan’s visit. 

Apart from attending 2nd Australia-India Education and Skills Council (AIESC) meeting in Sydney Thursday, Pradhan interacted with high level administrators from IRU. He was apprised of collaborative approaches to education delivery and efforts to facilitate impactful research for society. “The deliberation which started on Thursday during interaction with Pradhan, extended to Friday with officials discussing details of possible research and other academic collaboration. Post further meetings, an announcement is likely to be made later this year,” said the source. “India-Australia have a strong bilateral connection, especially in education sector and with the minister’s (Pradhan) second visit, more engagements are likely to happen, which include more Australian universities looking at option of setting up campuses, and offering joint/dual/twinning degrees,” said the source.

Fake ED team raids businessman’s house, tries to extort ₹5 cr

Fake ED team raids businessman’s house, tries to extort ₹5 cr 

TIMES NEWS NETWORK 26.10.2024 

New Delhi : In real life imitating reel, a team of seven imposters masquerading as ED officers seemed to have taken a cue from Akshay Kumar starrer ‘Special 26’ as they ‘raided’ a businessman’s house in tony DLF Farms in Chhattarpur, Delhi on an Oct evening, ‘questioned’ him on huge cash withdrawals from his bank and pressurising him to ‘settle’ the matter with a payment of Rs 5 crore. Since cash was not available, the imposters waited all night at the victim’s house and took him to the bank the next morning to withdraw the money. While the accused and the victim were at the bank, the ED was alerted by the businessman’s lawyer who received a message from the victim about the “ED raids”. 

However, before the enforcement team and the local police officials, who were alerted by the ED, could reach the bank, the imposters fled when they got suspicious after the victim's lawyer wanted to see the identity cards of the raiding party. Some accused still at the house of the victim also ran away leaving behind their cars as the gates were locked. A hunt is on for the culprits.

 “The lawyer of the victim had reached the bank and had questioned the fake ED officers, and sought to see their ID cards. The imposters grew suspicious of being caught and ran away before they could be apprehended,” the ED said in a statement. An FIR has been registered by the Delhi Police and two vehicles belonging to the accused have also been seized from the victim’s house. Later, in his statement to the police, the victim said that seven people had come to his house on Oct 21 night in two cars claiming to be ED officers. Four of them were masked while three interacted with him unmasked. “They questioned the victim as to why he was withdrawing huge cash regularly from his bank account. They also carried with them some cheques of his old bank account and threatened arrest unless he agreed to pay them Rs 5 crore,” the ED has said.  So confident was the fake ED team, that when the businessman told the ‘raiding party’ that the money could be taken out only from the bank the next morning, the imposters decided to stay at his house the entire night. The next day, he was taken to the Kotak Mahindra Bank at Hauz Khas to withdraw the money

Germany ups visas for skilled Indian workers 4.5x to 90k

Germany ups visas for skilled Indian workers 4.5x to 90k 

26.10.2024 

New Delhi : Germany has decided to increase the number of visas for skilled Indians from 20,000 to 90,000 per year, PM Narendra Modi announced on Friday. “I am confident this will further boost Germany’s economic growth,” he said, speaking at the Asia-Pacific Conference of German Business. Participating in the conference along with German Chancellor Olaf Scholz, Modi said Germany’s holistic approach and commitment to pursuing the strategic partnership are clearly evident. “Especially noteworthy is the trust that Germany has expressed in the skilled workforce of India,” he said. 

₹25L penalty on doc ‘unfairly high’: HC notices to state govt

₹25L penalty on doc ‘unfairly high’: HC notices to state govt 

TIMES NEWS NETWORK 26.10.2024  MADHYAPRADESH HC

Bhopal/Jabalpur : A division bench of the MP high court issued notices to the state govt, director of medical education, and commissioner of health in response to a petition by a doctor challenging a Rs 25 lakh penalty imposed on him for foregoing compulsory rural service of five years after completing his MBBS. The counsel for the petitioner argued that not only was the penalty of Rs 25 lakh exorbitant, but the petitioner was also issued an order posting him to a rural place one and a half years after he passed MBBS. He should have been posted to a rural place as soon as he passed the MBBS. Since he was given the posting later after passing MBBS, he was left behind in his career compared to his peers in college by the same amount of time. 

Dr Ansh Pandya from Bhopal, in his petition, said that he filled a bond pledging to serve in a rural area for five years after graduating. But he was not given a posting for one and a half years after he completed MBBS. He was given a posting in Sept 2024, and when he didn't join, a penalty of Rs 25 lakh was imposed on him. The issue was also raised in Parliament, and the Indian Medical Commission asked the MP govt to review the penalty. His counsel, Aditya Sanghi, said that not only was the state govt at fault for not giving him a posting for one and a half years, but the penalty of Rs 25 lakh imposed on him is too much for an MBBS graduate. Madhya Pradesh is a poor state, and imposing such an exorbitant penalty on a student is against the entire scheme of things of the Indian Constitution, he said.

Right to travel abroad is allowed in Article 21, says HC

Right to travel abroad is allowed in Article 21, says HC

Ashish.Mehta@timesofindia.com 26.10.2024 Jaipur 

Jaipur : A 59-year-old electrical engineer, posted at Rajasthan Electronics and Instruments Limited (REIL), was granted permission by a single bench of the Rajasthan HC on Wednesday to travel to Singapore to visit his son. The court emphasised that the term “personal liberty” in Article 21 of the Constitution encompasses a broader scope, which includes the right to travel abroad. The petitioner, Neeraj Saxena, had approached HC earlier this month when he was denied permission to travel by his employer, saying a departmental inquiry was pending against him. On Sept 26, Saxena had sought permission from REIL authorities to travel to Singapore for six days. However, when he did not received any response until Oct 16, Saxena approached the Rajasthan high court.

 “The court had earlier issued notices to the respondents in the case, including REIL. It was submitted by REIL that a departmental inquiry is pending against Saxena and hence he can’t be allowed to travel abroad,” Saxena’s counsel Akhil Simlote said on Friday. “It was also submitted that the petitioner was part of a recruitment board in 2019 and there were allegations of irregularities in two recruitments made by the board. However, as soon as we moved an application, Rajasthan Electronics and Instruments Limited, in its reply, stated that a departmental charge-sheet was given to the petitioner,” 

Simlote said. The bench of Justice Anoop Dhand, while allowing the petitioner to travel, said, “He should make a personal appearance before the department on his arrival. He shall not visit other countries except Singapore. And if the petitioner does not return to India within the fixed time period, the department shall be at liberty to proceed against him in accordance with the law.”

Government Employee Can't Refuse To Join New Place Of Posting While Contesting Transfer : Supreme Court

Government Employee Can't Refuse To Join New Place Of Posting While Contesting Transfer : Supreme Court

Debby Jain

16 Oct 2024 12:03 AM

The Supreme Court recently condemned frequent instances of transferred employees not joining new places of posting while legal or administrative challenges to their transfer are underway.

"It is not uncommon to see employees who challenge such orders of transfer before various forums, extending the litigation to several years, while choosing to not join the service and still seeking full salary, and often citing medical conditions as a ground for such inability to join. It is of utmost importance that, while the legal challenge runs its course, the needs of administration are treated paramount in comparison to the inconvenience faced by the employees in cases of transfer. In this regard, the Government employers should also take stern measures against such employees who fail to join the new places of posting without any rationale or an order of stay being in place", said a bench of Justices Vikram Nath and Prasanna B Varale.

The Court opined that when a person works for the government, incidence of transfer becomes inherent in the terms of service unless it is specifically barred. As such, once relieved from a particular place of posting, the employee has no right to remain absent or to refute to join the new place of posting. He can join the new place of posting and continue to contest the transfer.

"..an employee has no right to remain absent or refuse to join the new place of transfer once relieved from their current place of posting. The employee is entitled to avail all available remedies for redressal of grievances, but it does not entitle them to not comply with the transfer orders. The employee is well within his rights to join the transferred place of posting and still continue to avail the remedies available under the law for redressal of his grievances against the transfer."

Two primary concerns were flagged by the Court relating to such absenteeism of employees:

(i) Transfer are made by authorities to fill vacancies in new places of posting. If transferred employees don't join, optimal service at full capacity can't be provided;

(ii) While challenge to transfer is underway, authorities would have to employ other individuals to fill the vacancies. This would amount to paying twice for the same job - firstly, to the individual who is actually performing the job, and secondly, to the transferred employee who is unauthorizedly absent.

"such a situation would result in nothing but burning a hole in the pocket of public exchequer, lead to excessive financial burden on the Government institutions, and would fundamentally jeopardize public interest", the Court said.

Briefly put, the Court was dealing with the case of Tamil Nadu Agricultural University and 6 private respondents, who initially challenged their transfer orders by the University before the Madras High Court. A Single Judge allowed the respondents' pleas and quashed the transfer orders. Against the same, the appellant-University filed writ appeals. The Division Bench of the High Court dismissed the appellant-University's appeals. Aggrieved by the same, it approached the Supreme Court.

Pursuant to the Supreme Court's initial orders, the private respondents joined their new places of posting. However, an issue remained with regard to regularization for the period during which they did not join services despite transfer.

With regard to 4 respondents, who had interim orders in their favor from the High Court, the appellant-University conceded that it was not opposed to regularization and payment of arrears.

So far as the other 2 respondents, the Court noted that without any interim order in their favor, they remained unauthorizedly absent from service during the pendency of their petitions before the Single Judge of the High Court. As such, they could not be regularized and/or paid arrears for the said period. However, they were entitled to regularization and payment of salaries for the period after the Single Judge pronounced the decision quashing the transfer orders.

"Despite there being no interim order in their favour, respondent nos. 4 and 7 continued to remain absent after being relieved from their original place of posting. As such, this Court is not inclined to extend any benefit of salary for the period of unauthorised absence. However, as the transfer order was quashed by the learned Single Judge, their service periods shall continue to be treated in continuity, and they would be entitled to whatever other benefits accrued to them due to this continuity, but no salary for the said period of unauthorised absence."

Ultimately, the appeals were allowed, with a direction to the appellant-University to clear arrears of the private respondents, subject to the condition that two respondents (who did not have interim orders in their favor) were not to be paid for the period of unauthorized absence.

Case Title: THE TAMIL NADU AGRICULTURAL UNIVERSITY & ANR.ETC. VERSUS R. AGILA ETC, SLP (C) No(s).13070- 13075/2022

Citation : 2024 LiveLaw (SC) 801

Errors in Tamil Thai Vaazhthu sung at Udhayanidhi event

Errors in Tamil Thai Vaazhthu sung at Udhayanidhi event 

TIMES NEWS NETWORK 26.10.2024 

Chennai : A week after the rendition of state song Tamil Thai Vaazhthu at an event presided over by governor R N Ravi caused a political uproar after the word ‘Dravida’ dropped from the lyrics, another controversy is brewing involving deputy chief minister Udhayanidhi Stalin. The singers recited the song with errors at an event he presided over at the state secretariat, the video of which was later taken down by the information department from its portal. The song was first recited with an error and a microphone malfunction, prompting a second attempt which was rendered again with an error. Special Programme Implementation Secretary Darez Ahamed was seen exchanging a word with Udhayanidhi soon after his speech, prompting rendition of the song again. 

Talking to reporters later, Udhayanidhi attributed it to a technical snag. “They did not sing incorrectly, only a technical fault. The microphone malfunctioned and the recitation could not be heard, which is why we sang again. The national anthem was also properly recited,” he said, urging the media not to create an unnecessary issue. The event was organised to distribute PG certificates in public policy and management to 19 students who completed the TN CM’s Fellowship Programme. Taking to X, the BJP state unit said ‘Mother Tamil’ taught a fitting lesson to Udhayanidhi. The party wrote, "At least from now on, the fatherson should learn to do politics realising that karma boomerangs." 

In a statement, Union minister L Murugan sought a response from chief minister M K Stalin, who earlier demanded that the Centre recall the governor. “Will Udhayanidhi own up to the erroneous singing of the song and resign? Or will Stalin remove him from the post?” the minister said. PMK leader Anbumani Ramadoss and AMMK chief T T V Dhinakaran conveyed their disappointment and shock.

Vikravandi meet to test reel star Vijay’s real popularity

Vikravandi meet to test reel star Vijay’s real popularity 

Fans, Cadres Pray Rain Stays Away On Sunday 

BoscoDominique@timesofindia.com 26.10.2024 

Villupuram : The monsoon has set in but fans of actorturned-politician Vijay are praying it does not rain on Sunday when the maiden public conference of Tamilaga Vettri Kazhagam, the party founded by him, is scheduled to be held at Vikravandi in Villupuram district. So frevent is the hope that a man from a nearby village and his three children visit the venue every evening to light the ‘agal vilakku’ (clay diya), praying to the gods to show mercy and help in the smooth conduct of the conference. TVK general secretary N Anand tied a sacred thread on the ‘panthal kaal’ (wooden pole) where bhoomi pooja was performed, praying that it does not rain on the conference day. “My three sons are hardcore Vijay fans. It is raining almost daily, particularly in the evenings here at Vikravandi. They are worried the rain will play spoilsport,” said Pandian, a fan of actor Rajnikanth, who decided to comfort his three sons, who are Vijay’s fans. 

“Divine intervention will ensure the smooth and successful conduct of Vijay’s conference. We have been lighting ‘agal vilakku’ at the conference venue daily since Oct 14, praying to god that it does not rain on the conference day,” said Pandian. The venue wears a festive look as people, irrespective of age groups, and many women from neighbouring villages gather to watch the preparations. A heavy posse of police force in uniform and plain clothes has been deployed to oversee the arrangements and prevent any violations. The highlight of the arrangements includes a 100-feet high mast for the party’s flag to be hoisted by Vijay and giant-sized cutouts of popular leaders, including late social reformist E V Ramasamy, fondly revered as Thanthai Periyar, late chief minister and Congress stalwart K Kamaraj, and dalit icon B R Ambedkar, to indicate the party’s political vision and stance. 

Meanwhile, Vijay, in his third open letter on X, formerly Twitter, on Friday, appealed to his party cadres and fans to take the first step with 2026 assembly election. “Let us hold the conference with the highest political discipline, dignity, and order to let the entire world witness our victory principal festivity. Come safe, carrying our party flags in your hands and hearts. I am waiting to receive one and all with outstretched arms and an open heart,” he said in the letter.

Med college student attacked by two seniors

Med college student attacked by two seniors

TIMES NEWS NETWORK  26.10.2024

Chennai : A third-year medical student was attacked with a beer bottle by two of his seniors at Kilpauk Medical College and Hostel on Thursday night. The injured student has been identif ied as Alan Jacob, 21, of Neyveli. His roommate took him to KMC Hospital for treatment. Witnesses said Alan was walking in the hostel corridor while drunk when the house surgeon students, K ishan, 24, and Dyanesh, 24, called him. They asked him to bring before them a few junior students. Alan agreed and walked slowly. The duo chided him for walking slowly. Soon, there was a verbal altercation. Kishan and Dyanesh snatched a beer bottle he was holding and hit him on the head with it. Hostel mates informed Alan’s parents about it.

His parents came to Chennai and met the hostel warden to comp lain against the two senior students. Personnel from Kilpauk police station went to the hospital to inquiry with Alan. However, he had already left the hospital and w as not in the hostel either. An investigation officer said, “We asked college authorities to file a complaint so that we can register a case.” The college committee informed police that they would initia te action against the errant students.

Tamil Nadu seeks extension for MBBS counselling

Tamil Nadu seeks extension for MBBS counselling 

TIMES NEWS NETWORK  26.10.2024

Chennai : State selection committee has written to NMC asking for permission to extend the deadline for medical and dental counselling, health minister Ma Subramanian said. The state will be able to conduct counselling for 50 additional seats granted to a self-financing medical college only if counselling is extended. On Thursday, Annaii Medical College and Research Institute said it received permission to admit 50 more students, taking its seat tally to 100. “We are in the stray round now. We must complete counselling by Oct 29 by filling 296 vacant seats in medical and dental colleges. This includes one MBBS seat and 23 BDS seats in govt colleges,” he said. Besides this, there were 67 seats in self-financing medical colleges and 61 seats in private medic al universities. There are four vacant BDS seats under the 7.5% quota for govt students and 136 seats in self-financing dental colleges. If the committee adds the newly approved MBBS seats, then it must allow students who took seats in the previous rounds, including students who took BDS seats, a chance to upgrade their choice. 

“If that happens, there will be more vacanci- es. We won’t have the time,” said a senior official. While students who have not been allotted any seats can register for the stray round, the committee will permit students admitted to various colleges to upgrade if the NMC gives the extension, officials said. Students who register for the stray round m ust pay up to ₹5 lakh as a security deposit to avoid vacancies.

TN urges Centr e to permit PG courses in Ayurv eda  Chennai : The state has urged Centre to permit govt Ayurveda colleges in Tamil Nadu to start postgraduate courses in Ayurveda, health minister Ma Subramanian said here on Monday. Students who want to study postgraduate courses in Ayurveda are forced to travel outside Tamil Nadu as there are no courses here, he said after inaugurating the International Ayurveda Conference at TN Dr MGR Medical University. The state has urged the centre to grant permission for two postgraduate courses with five seats each. "We have sought a meeting with the Union Health Minister and Ayush Minister next week," he said.

‘Indian doctors and healthcare professionals are a class apart’

‘Indian doctors and healthcare  professionals are a class apart’

Tamil Nadu Governor R.N. Ravi handing over a degree to a graduand at the convocation held on Thursday.B. Velankanni Raj

The Hindu Bureau

CHENNAI 25.10.2024 

Tamil Nadu Governor R.N. Ravi on Thursday distributed medical degrees to graduands at the 37th convocation of The Tamil Nadu Dr. M.G.R. Medical University in Chennai.

A total of 35,793 candidates, both in person and in absentia, were awarded post-doctoral, doctoral, postgraduate, and undergraduate degrees and diplomas in the medical, dental, AYUSH, nursing, pharmacy, physiotherapy, occupational therapy, and allied health science courses.

Speaking at the function, Vivek Lal, Director, Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, stressed the importance of commitment in medical practice.

“This degree is the result of a big asset that all of you have. That is the commitment. It comes before equipment. Medicine is all about committed healthcare professionals. Equipment and technology do play a part. But if you want to exploit technology, you have to be committed.”

He said Indian doctors and healthcare professionals are the best in the world. “In the United States, the second largest [health] care-givers to U.S. citizens are Indians... Our healthcare professionals and doctors are a class apart.” Because of doctors’ commitment, the country was able to bounce back from COVID-19, though India has a rudimentary infrastructure, compared with the Western countries, he added.

“In our ecosystem, our patients think of us [doctors] as Gods. Not so in the West. They think that if a doctor cures a patient, it is his duty. The relationship between a doctor and a patient is through insurance and everything ends there. In India, if a doctor cures a patient, he becomes a family member of that patient,” he said. K. Narayanasamy, Vice-Chancellor of The Tamil Nadu Dr. M.G.R. Medical University, former Vice-Chancellors, faculty members, and parents were among others present. Minister for Health and Family Welfare Ma. Subramanian, whose name was on the invitation, was not present.

Guv welcomed with ‘Dravida nal thirunadu’ posters

Guv welcomed with ‘Dravida nal thirunadu’ posters 

TIMES NEWS NETWORK 24.10.2024

Dindigul : Tamil Nadu governor R N Ravi awarded degrees to graduates at the 31st convocation ceremony of Mother Teresa Women’s University on Wednesday and interacted with students at Sankara Vidyalaya in Kodaikanal. However, his visit to the hill station was marked by protests over a recent controversy involving omission of ‘Dravida Nadu’ from the ‘Tamil Thai Vaazhthu’ at an event he attended. 

At the convocation, the governor awarded degrees to 6,587 graduates, including 373 in attendance. Among them, 70 received doctoral degrees, and 16 were awarded gold and silver medals. Vice-chancellor Kala Sethupathi highlighted the institution’s achievements for the academic year 2023-24. Santishree Dhulipudi Pandit, vice-chancellor of Jawaharlal Nehru University, delivered the convocation address, emphasizing the importance of societal contribution over economic success. 

“Every challenge is an opportunity in disguise, and education equips you with the skills to be adapt able and resilient,” she told the graduates, stressing the role of women as catalysts for change. During his visit to Kodaikanal, Ravi also engaged with students at Sankara Vidyalaya School, encouraging them to uphold virtues like honesty, integrity, and cleanliness, and to pursue a healthy lifestyle. He urged them to read more books for knowledge, beyond just social media. Meanwhile, members of the Dravidar Viduthalai Kazhagam held a black flag protest at Munjikkal in Kodaikanal, criticizing the governor for allegedly disrespecting Tamil culture. The protest was linked to the recent controversy over the omission of ‘Dravida Nadu’ from the ‘Tamil Thai Vazhthu.’ Posters featuring a line from the song were also displayed.

Madras HC simplifies norms for divorce by mutual consent

Madras HC simplifies norms for divorce by mutual consent

 Sureshkumar.k@timesofindia.com 24.10.2024

Chennai : Unclogging pendency in family courts that insist on personal appearance of parties, especially at the time of filing divorce cases, Madras high court ruled that family courts should not insist on personal presence of parties both during filing and hearings. The court also framed guidelines to be followed by family courts for speedy disposal of matrimonial petitions filed under mutual consent. 

Justice M Nirmal Kumar framed the guidelines since it came to light that a majority of mutual consent petitions are kept in abeyance or stalled due to non-appearance of parties in person for various reasons, including travel restrictions. To obviate such difficulties faced by parties who have decided to part ways and start a fresh life, it has become imperative to frame guidelines, the court said. 

The court then directed that in respect of filing cases, hearing parties, and recording evidence in cases filed under mutual consent, family courts shall not insist on the physical presence of the parties at the time of presenting petitions and further hearings. “Petitions can be filed either by parties directly or by the power of attorney of parties, provided the power of attorney is registered or properly adjudicated,” the judge said. On behalf of the parties, powers of attorney can appear and prosecute. The only embargo is that the recognised agent should not be a legal practitioner, he ad ded. “The parties can be present through virtual mode from their respective places, and the place of location and identity of the person should be confirmed with relevant documents,” the court said. The court added that virtual proceedings provide an opportunity to modernise the system by making it more affordable and citizenfriendly, enabling the aggrieved to access justice from any part of the country in the world. “Thus, the family court should ensure that such a system of conducting the proceedings through video conferencing is put to usage without insisting on the presence of the petitioner even from  the time of first presentation till the conclusion of proceedings. The family court henceforth should not raise technical objections and insist on the physical appearance of parties at any stage,” the bench said.

Work from office better than work from home for mental health: Study

Work from office better than work from home for mental health: Study

 Amit.Bhattacharya@timesofindia.com 24.10.2024 

Forging good relationships at the workplace and a sense of pride in work are more important for mental wellbeing than the oft-touted ‘work-life balance’ factors such as workload and flexibility over time, a new mega global study reveals. In a surprising finding of the study that looked at nine aspects of work culture, Indians who worked from offices had better mental health indicators than those in workfrom-home or hybrid arrangements. 

This contrasted with trends from the Americas and Europe, where hybrid workers were found to have the best mental health indices. The study, Work Culture & Mental Wellbeing, was conducted by the US-based mind research organisation, Sapiens Labs. › Team size, P 8 Increase in mental wellbeing with team size steeper in India The study used data obtained this year from 54,831 employed, internet-enabled respondents across 65 countries. The report comes in the backdrop of a debate in India over high workload, stress and “toxic” workplaces, triggered by the recent death of a 26-year-old chartered accountant in Pune. The report did identify workload as an important cause of distress among workers. But these ‘worklife balance’ factors were found to be half as impactful on mental health as some other parameters. “Relationships with your colleagues and feeling a sense of pride and purpose in your work came in at the top of the list in terms of impact to mental wellbeing, regardless of what type of job you  do,” the report said.

Poor relationships and a low sense of pride and purpose at work were found to be linked with severe feelings of sadness or hopelessness, being unwanted and r educed energy levels and motivation, among others. In India, where the study had a sample size of 5,090, the link between poor relationships with colleagues and mental distress was stronger than the global average. While across the world, people working in teams showed better mental health than those working alone, the increase in mental wellbeing with team size was steeper in India than in western countries. “The percentage who indicate unmanageable workloads in India (13%) is actually better than the global average (16%) and US (18%) while those who indicate good relationships with their colleagues is comparable to the global average of around 50%,” said neuroscientist Tara Thiagarajan, founder and chief scientist of Sapiens Labs. Globally, the study found those in customer services and physical labour fared worse than those employed in human care or knowledge-based jobs. Full report on www.toi.in

One Year's Service Completion Sufficient For Pension Benefits, Orders Arrears With Interest; MP HC

One Year's Service Completion Sufficient For Pension Benefits, Orders Arrears With Interest; MP HC

Pranav Kumar

18 Oct 2024 8:52 PM

Madhya Pradesh High Court: A bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain, addressed a series of writ petitions concerning retired employees who sought the grant of annual increments before superannuation. The Court ruled in favor of the petitioners, directing the State to provide annual increments due to employees retiring either on 30th June or 31st December of their superannuation year, along with arrears and interest.

Background

The petitioners were retired employees or legal heirs of such employees who had completed one year of service before retirement but were denied the annual increment, which typically becomes due on either 1st July or 1st January. The State had refused the increment, citing technicalities surrounding the precise retirement date. The petitioners, however, argued that the completion of one year's service entitles them to an increment under established law, and the refusal deprived them of corresponding pensionary benefits.

Arguments

The petitioners relied heavily on the Supreme Court's ruling in HR KPTCL v. C.P. Mundinamani (2023 SCC OnLine SC 401), which held that the entitlement to receive an increment crystallizes when a government servant completes the requisite period of service with good conduct, and it becomes payable the next day. The petitioners also cited a circular issued by the Madhya Pradesh Finance Department dated 15.03.2024, which directed departments to grant annual increments to employees who retired on 30th June or 31st December, provided the increment became due on the following day.

The State, through its counsel, submitted that the issue was under review, and the cases were being processed. The State admitted that the petitioners had completed their one year of service before superannuation but sought to argue that the legal issue was still under scrutiny.

Court's Reasoning

Firstly, the court accepted the petitioners' argument, referring to the Supreme Court's ruling in Mundinamani, which made it clear that annual increments, earned through a full year of service, should not be withheld simply due to the employee's retirement on the eve of the increment's due date. The Court acknowledged that pension and increment rights are intertwined, and denying the increment adversely impacts post-retirement benefits.

Secondly, the Court discussed the applicability of the Rushibhai Jagdishchandra Pathak v. Bhavnagar Municipal Corporation (2022 SCC OnLine SC 641) ruling, in which the Supreme Court restricted arrears for delayed petitions to three years. However, in cases where employees timely filed petitions, the Mundinamani ruling mandated that they should receive full arrears dating from the due date of the increment. The court also highlighted the Supreme Court's order dated 06.09.2024 in Union of India & Anr. v. M. Siddaraj, which clarified the effective date for increments and pension enhancements. For employees who filed writ petitions, the judgment would operate as res judicata, making it mandatory to pay arrears based on the one-year increment. Finally, the court rejected any argument concerning delays in implementation, stating that the benefits should be processed promptly. Thus, the Court ruled that the State must grant the annual increments due to the petitioners as of 1st July or 1st January, depending on their retirement dates. Arrears were to be paid from 1st May 2023 with interest at 7% per annum. The State was directed to process the payments within six weeks, ensuring compliance with the Supreme Court's directives in M. Siddaraj.Decided on: 15-10-2024 Citation: 2024:MPHC-JBP:51542

Counsel for the Petitioners: Shri Taman K. Khadka, Shri Vijay Kumar Narwariya

Counsel for the Respondents: Smt. Janhavi Pandit, Additional Advocate General

Recovery Of Excess Payment From Retired Employee Impermissible Without Proof Of Misrepresentation: MP HC

Recovery Of Excess Payment From Retired Employee Impermissible Without Proof Of Misrepresentation: MP HC

Pranav Kumar

21 Oct 2024 5:45 PM

Madhya Pradesh High Court: Justice Subodh Abhyankar quashed a recovery order issued against a retired Auxiliary Nurse Midwife, holding that excess payment cannot be recovered from retired government employees in the absence of misrepresentation or fraud. Following Supreme Court precedents, the court ordered refund of the recovered amount with 6% interest, emphasizing that recoveries from retired employees are impermissible when the error originated from the department rather than the employee.

Background

Smt. Rooplekha Sirsath, a retired Auxiliary Nurse Midwife (ANM), challenged a recovery order for ₹5,81,867 issued by the Public Health and Family Welfare Department. The order demanded repayment due to an alleged wrongful fixation of her pay. The petitioner argued that this recovery was unjust, as the pay fixation was not a result of any misrepresentation or fault on her part. The recovery order was also challenged in light of the Supreme Court ruling in State of Punjab v. Rafiq Masih (White Washer), 2015 (4) SCC 334, which limits the circumstances under which recovery can be made from retired employees.

The petitioner, being a Class-III employee, further contended that similar recovery orders had been quashed by the Madhya Pradesh High Court's Full Bench, which ruled on similar matters, including State of Madhya Pradesh v. Jagdish Prasad Dubey (Writ Appeal No. 815 of 2017).

Arguments

The counsel for the petitioner, Shri L.C. Patne, argued that the recovery of excess amounts violated precedents set by the Supreme Court and was therefore unlawful. He cited various decisions that prohibited recovery from retired employees when the excess payment was not due to any misrepresentation by the employee. He further relied on the Full Bench decision of the Madhya Pradesh High Court, where such recoveries had been quashed, contending that similar principles applied in this case.

Also Read - Inordinate Unexplained Delay In Service Claims Attracts Principle Of Laches And Bars Relief: MP HC

Shri Pranay Joshi, representing the State, supported the recovery order, arguing that the fixation of pay had been improper and therefore necessitated recovery. The respondents also pointed to rules in the Madhya Pradesh Civil Services (Pension) Rules, 1976, specifically Rules 65 and 66, which allow recovery of wrongful payments under certain conditions.

Court's Reasoning

Firstly, the court reviewed the Full Bench ruling of the Madhya Pradesh High Court in Jagdish Prasad Dubey, which had quashed recovery orders in similar circumstances. The court also noted that in Shyam Babu Verma v. Union of India (1994) 2 SCC 521 and Sahib Ram Verma v. State of Haryana (1995) Supp. (1) SCC 18, the Supreme Court ruled against recoveries from employees when payments were not the result of their misconduct. Secondly, the court referred to Syed Abdul Kadir v. State of Bihar (2009) 3 SCC 475, where it was held that recovery of excess payment from a retired government servant cannot be made in the absence of misrepresentation. In the present case, since there was no misrepresentation or fraud by the petitioner, the recovery could not be enforced. Thus, the court quashed the recovery order dated 09-02-2016 and directed the respondents to refund the recovered amount to the petitioner with 6% interest from the date of recovery until payment.

Decided on: 18-10-2024

Citation: 2024:MPHC-IND:29984

Counsel for the Petitioner: Shri L.C. Patne

Counsel for the Respondent: Shri Pranay Joshi

Higher Qualification Cannot Substitute Mandatory Basic Qualification: Madhya Pradesh High Court

Higher Qualification Cannot Substitute Mandatory Basic Qualification: Madhya Pradesh High Court

Pranav Kumar

23 Oct 2024 3:30 PM

Madhya Pradesh High Court: Justice Anil Verma dismissed a writ petition challenging the rejection of a teaching position application, holding that a Master's degree in English cannot substitute for the mandatory requirement of a Bachelor's degree in English under the Madhya Pradesh School Education Services (Teaching Cadre) Recruitment Rules, 2018. The Court upheld that candidates must possess the specific undergraduate qualification in the subject they intend to teach, regardless of higher qualifications in the same subject.

Background

Lakshmi Kant Sharma, the petitioner, applied for the position of Madhyamik Shikshak (Class-II Teacher) in the subject of English, as advertised by the Madhya Pradesh government. His qualifications included a Bachelor's degree in Political Science, Hindi Literature, and Sanskrit, and an M.A. in English. When his application was rejected on the grounds that he did not meet the required educational criteria, Sharma filed a writ petition challenging this decision. He sought to be declared eligible for the position and requested the quashing of the rejection order passed by the respondent authorities. The petitioner's counsel, Shri Rakshit Gupta, argued that despite his undergraduate degree lacking English as a subject, his Master's degree in English made him eligible for the teaching position. He also contended that other candidates without the necessary qualifications had been appointed to similar positions, further asserting that the refusal to consider him was unjust.

Arguments

Shri Rakshit Gupta, counsel for the petitioner, relied on precedents set by the Central Administrative Tribunal (CAT) in the cases of Intequam Ali v. Government of NCT Delhi and Pooja Devi v. Government of NCT Delhi, arguing that qualifications beyond a Bachelor's degree, such as an M.A., should be considered sufficient in certain cases. The petitioner emphasized his educational achievements in English and contested the exclusion on technical grounds.

On the other hand, the State's counsel underscored that the recruitment rules specifically required a Bachelor's degree in English for the position of Madhyamik Shikshak. Although the petitioner held a Master's degree, his undergraduate degree did not include English as a subject, which disqualified him from the role. Additionally, the respondents rejected the claim that unqualified candidates had been appointed, asserting that those individuals met the necessary criteria.

Court's Reasoning

The Madhya Pradesh School Education Services (Teaching Cadre) Recruitment Rules, 2018, sets the specific criteria for the position of Madhyamik Shikshak (Class-II Teacher) in English. The primary requirement under the rules was a Bachelor's degree in the relevant subject (English) along with a B.Ed. degree. The court emphasized that this requirement was clear and non-negotiable for candidates applying to teach English.

The petitioner, Lakshmi Kant Sharma, had a Bachelor's degree in Political Science, Hindi, and Sanskrit, none of which qualified as a “relevant subject” under the rules. His M.A. in English, while higher in academic standing, did not rectify the absence of a foundational undergraduate degree in English. Recruitment for educational posts requires a solid base in the subject to be taught, which must be demonstrated by continuous, formal study at the undergraduate level. A candidate with no formal undergraduate training in English could not be expected to have the same competence as one who had pursued English as a core subject for three years during their Bachelor's education.

The petitioner argued that he should still be eligible due to his M.A. degree, but the court firmly rejected this stance, holding that postgraduate qualifications could not substitute for the basic educational standards set by the recruitment rules. Justice Verma further reasoned that adhering strictly to the prescribed qualifications ensures fairness and consistency in the selection process, preventing subjective exceptions or relaxed standards that could compromise the integrity of the recruitment.

Additionally, the petitioner's argument that other candidates without proper qualifications had been appointed was found to be unsubstantiated. The court reviewed the records and found that those candidates possessed the necessary qualifications, unlike the petitioner. Thus, the court concluded that deviating from the clear criteria of the recruitment rules would not only undermine the merit-based selection process but also potentially set a dangerous precedent for future recruitments. The court dismissed the petition, stating that Sharma's qualifications were insufficient to make him eligible for the post, and no relief could be granted.

Date: October 18, 2024

Citation: W.P. No. 30467 of 2024 (Lakshmi Kant Sharma v. The State of Madhya Pradesh)

Counsel for the Petitioner: Shri Rakshit Gupta

Counsel for the Respondent: Shri G.K. Agrawal