HC reinstates Pithoragarh zila panchayat guard after 7 years

  • | Thursday | 30th November, 2023

Dehradun: After a seven-year legal battle, Pithoragarh zila panchayat (ZP) chowkidar Lalit Singh Jayal was reinstated to his job by the Uttarakhand high court on Wednesday. While passing judgement in Jayals favour, HC stated, Since the principles of natural justice have not been followed by additional chief officer of ZP and no show-cause notice was ever issued to the petitioner before terminating his services, which resulted in financial consequences, this court is of the view that the manner in which the services of the petitioner have been terminated cannot sustain being highly arbitrary and illegal.Jayal informed the court he was appointed on a contract basis in February 2009 at a monthly salary of Rs 6,000 and after completing more than seven years of service, he was regularised in March 2016 after due process.However, his regularisation was cancelled in July 2017 and services were terminated without giving him an opportunity for a hearing. ZPs additional chief officer, in his reply, said the Regularisation Rules, 2013, are not applicable to the ZP. The court observed that the counter affidavit filed by ZP is silent as to whether the petitioner was given an opportunity to be heard or not.A single bench of Justice Pankaj Purohit held ZPs action illegal and quashed the March 2017 termination order. The court ordered Jayal to be reinstated in service immediately. The petitioner shall be entitled to all other consequential benefits of reinstatement in service, court ordered.We also published the following articles recentlyHear review plea on gay marriage in open court, petitioners appeal to SCThe LGBTQIA+ community members have requested an open court hearing for their review petitions seeking marriage rights for same-sex couples. They based their demand on CJI D Y Chandrachuds minority opinion that when there is discrimination, the courts must remedy it. The review petitions are scheduled for consideration by a five-judge bench on November 28. The community members argue that the judgment denies them the right to marry, choose a partner, and form a family, despite the recognition of discrimination by the court.IPS officer who posed as Patna High Court Chief Justice denied bailThe Supreme Court refused to grant anticipatory bail to an IPS officer accused of impersonating the Chief Justice of Patna HC. The officer, Aditya Kumar, created a fake WhatsApp account in the Chief Justices name to influence judicial proceedings. The court directed Kumar to surrender within two weeks due to the seriousness of the offence and non-cooperation. Additionally, the court ordered the registrar general to provide details in a sealed cover of the disciplinary proceedings initiated against Kumar by December 9, 2023.HC: Razing of bldg wont hurt tenancy rights of petitionersThe Bombay high court vacation bench upheld the BMCs notice to occupants of a dangerous and unfit building in Malad for immediate demolition. The petitioners will be entitled to tenancy rights once the building is reconstructed. The court gave the occupants until December 31 to vacate, with the condition that they take responsibility for any mishap. The court also directed the BMC to measure each occupants area to protect their tenancy rights during reconstruction.

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