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Time of India
3 days ago
- Politics
- Time of India
Soldier hurt on kerosene collection duty in J&K entitled to war injury pension: High court
Chandigarh: The Punjab and Haryana high court has made it clear that a soldier sustaining injuries while part of a working party assigned to collect kerosene oil using an official vehicle in the sensitive Jammu and Kashmir region is entitled to a war injury classification—thereby qualifying for a disability pension. "Once a working party is detailed for collection of kerosene oil and they proceed on a govt vehicle it would be a part of 'Operation Rakshak'…. Any injury caused to any person, which is of the nature of causing permanent disability or death, would invite war injury pension or war death pension as the case may be," the high court has held. "Operation Rakshak" is the Army's ongoing counter insurgency and counter terrorism operation in Jammu and Kashmir. A division bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I Mehta has passed the orders while dismissing a petition filed by the Central govt. In its plea, the Centre had challenged the order dated May 17, 2023, passed by the Chandigarh bench of Armed Forces Tribunal (AFT) in which it had allowed the application filed by former Sepoy B Rama Krishna for claiming the war injury pension. The benefits were allowed to him from 2012 when the incident took place. The govt contended that the AFT has misinterpreted the rules because the soldier had injuries in a simple accident while he was a member of the working party for collecting kerosene oil and thus, it cannot be said to be a war injury or an injury caused during the operation. After hearing the plea, the HC observed that it is an admitted position that when the applicant (Sepoy B Rama Krishna) suffered injuries, the operation had been notified in the area and while being a member of the working party detailed for collection of the kerosene oil, the accident occurred, and the Gypsy occupied by him skidded. "We find that the AFT has correctly interpreted the said provisions and proceeded to grant war injury pension, w.e.f Sept 21, 2012, for life along-with attendant allowance as applicable to the concerned injured soldier," the HC has held while dismissing the Centre's petition. The case was heard on July 1 and a copy of the order released on Thursday.
Hindustan Times
30-05-2025
- Hindustan Times
Chandigarh: HC frowns on plea against street vendors, orders welfare cell for them
The Punjab and Haryana high court has directed the Chandigarh municipal corporation (MC) to establish a vendors' cell for ensuring their welfare and preventing genuine vendors from getting harmed. The high court bench of justice Sanjeev Prakash Sharma and justice Meenakshi I Mehta passed these directions while dismissing petitions from Manimajra Vyapar Mandal and a Residential Welfare Association (RWA) in Manimajra. The court also slapped a cost of ₹50,000 on each, which would be deposited to the MC for being used for the welfare of street vendors and their families. 'The petition, prime facie, appears to be a motivated petition with a view to use the legal forum for evicting and destabilising the local business of street vendors. We cannot allow such abuse of process of law,' the bench said while imposing the cost and dismissing the plea. The petitioners said they have residential houses and shops/ booths in the area in question. However, inaction by the authorities in removing encroachments by street vendors from public paths, roads and public property has created nuisance and caused traffic hindrances in their free use, ultimately affecting their businesses. The court observed that even 12 years after the apex court had asked for taking steps for the welfare of street vendors, there had been an attempt, through this petition, to evict vendors who have been admittedly carrying out vending since long in the area in question. The court was also informed that Manimajra was a village earlier. It now has a local market where street vendors have been selling food items for long. 'Before we close the case, we are of the firm view that street vendors and their families, who are depositing fee with the MC for the certificate being given to them for vending, also need to be provided some social protection. The amount so recovered by the MC should, therefore, be used for their benefits alone and should be kept in a separate budget head, as a suitable insurance for them, including medical facilities, should be provided by the MC and rules in this regard should be framed,' the court observed. The court added that it has alsonoticed that the benefits of the Street Vending Act, which were meant for genuine street vendors, are being 'misused by a certain set of persons'. Moreover, wrongful means are being adopted to get names lodged in survey registers for illegally getting sites meant for hawkers. Such misuse of law deserves to be dealt with an iron hand and a will to execute the provision of law with integrity and dutifully is required at the hands of authorities. 'We cannot close our eyes to the fact that there is an elite class still following the Britishers, who looks down upon their own countrymen doing small businesses and treats them as if they are mafias as stated in the present petition, or encroachers, who cause chaos in commercial hubs,' it remarked, adding that the judiciary has to rise above 'Such form of impressions, which such elite class carries'. 'Gone are the days when we had British judges, sitting in courts looking at justice to be delivered for people who rule. We are a country, who are now having homogenous class of Indians. A tribal lady from a remote village can now be the President of India and a worker from the grass root level may reach up to the highest echelons of the administration,' the court said.
Time of India
30-05-2025
- Politics
- Time of India
‘Street vendors no mafia', HC dismisses plea by Manimajra associations
1 2 3 Chandigarh: Dismissing a petition filed by Manimajra-based associations against street vendors terming them to be part of "mafia", the Punjab and Haryana high court has observed that it cannot close its eyes to "elite class still following the Britishers, who looks down on their own countrymen doing small business and treat them as if they are mafias. " "The judiciary itself has to rise above from such impressions which such an elite carries. Gone are the days when we had British judges sitting in courts, looking at justice to be delivered for people who rule. We are a country who are now having a homogenous class of Indians. A tribal lady of a remote village can now be the President of India and a worker from the grass root level may reach up to the highest echelons of the administration. Even in the judiciary we have had examples of persons who worked as munshis/clerks with lawyers and rose up to the level of Chief Justices," the HC has observed. While dismissing the petitions seeking removal of street vendors, the HC has also imposed a cost of Rs 50,000 each on the petitioner unions to be deposited with the municipal corporation (MC) for the welfare of the street vendors and their families. "The petitioner prima facie appears to be a motivated petition with a view to use the legal forum for evicting and destabilizing the local business of the street vendors. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với mức chênh lệch giá thấp nhất IC Markets Đăng ký Undo We cannot allow such abuse of process of law," the HC has held. Division bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I Mehta has passed these orders while hearing a petition filed by the presidents of Manimajra Vyapar Mandal and resident welfare association Manimajra. The petitioner bodies were aggrieved from the inaction of the Chandigarh administration for not removing the encroachments on public paths, roads and on public property made by fruit vendors Rehri vendors, hawkers, squatters and other vendors. As per the plea, they are creating nuisance, traffic hazards, hindrances in free use of paths, road and public land by the public and badly impact the business of the petitioners as well as members of their association. It was alleged that the vendors, hawkers and squatters are members of the mafia and are encroachers. Dismissing the plea, the HC observed that there is an attempt through the petition to evict the vendors who are admittedly carrying out vending since long in the area where the members of the union fall. In its detailed order the HC also recorded that the Manimajra which has been now included as part of urbanized area of UT Chandigarh and was earlier a village of Chandigarh, has had a local market with the street vendors selling their food items etc. since long. Relief for vendors The bench further held that the street vendors and their families, who are depositing fee with the MC Chandigarh for the certificate being given to them for vending, also need to be provided some social protection. "The amount so recovered by the MC should, therefore, be used for their benefits alone and should be kept in a separate budget head and as s suitable insurance for them, including medical facilities, should be provided by the MC and rules in this regard should be framed," HC has ordered. Special cell for vendors in MC The HC has also directed the MC Chandigarh to set up a particular cell of Inspectors/Officers to regulate that there is no misuse of Vendors Act so that genuine people may not be harmed. Court passed these orders while observing that the Street Vending Act and the benefits which it meant to give to the genuine street vendors is also being misused by a certain set of persons, and even the shopkeepers themselves set up hawker stalls in front of their shops selling their own items. HC observations "India being essentially a country of people coming from the villages and cities being formed by their movement of villagers towards the townships for greener pastures, continues to remain an agrarian society. In fact, development of any city is on account of the reason for the movement of the people from the villages to the towns and from towns to the cities," the division bench said.
Indian Express
28-05-2025
- Politics
- Indian Express
‘Elite mindset': HC junks Manimajra RWA plea against street vendors, imposes ₹1 lakh cost
The Punjab and Haryana High Court has dismissed a writ petition filed by Malkit Singh and others, presidents of the Manimajra Vyapar Mandal and the local RWA, seeking the removal of street vendors from Manimajra. Terming it a 'motivated attempt' to destabilise vendors, the court imposed a cost of ₹1 lakh—₹50,000 on each petitioner — to be deposited with the Chandigarh Municipal Corporation for the welfare of street vendors and their families. The ruling, delivered by a Division Bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I Mehta, condemned the misuse of legal process to target livelihoods. The petitioners had alleged that fruit sellers, hawkers, and other vendors were encroaching on roads, footpaths, and parks, obstructing traffic and harming their businesses. They relied on a 2019 High Court order against shopkeeper encroachments and submitted photos of golgappa and vegetable vendors — none of whom were party to the case. Rejecting the plea, the bench upheld vendors' rights under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Citing Supreme Court rulings in Gainda Ram v. MCD (2010) and Sodan Singh v. NDMC (1989), the court affirmed street vending as a fundamental right under Article 19(1)(g). Calling out class bias, the judges observed, 'There is an elite class still following the Britishers, who looks down upon their own countrymen doing small business and treat them as if they are mafias.' India, they said, remains an agrarian society shaped by rural migration to cities, and the judiciary must rise above elitist impressions. Noting that vendors can't be evicted without a proper five-yearly survey by the Town Vending Committee, the court acknowledged instances of misuse by shopkeepers and individuals falsifying records. It directed the Municipal Corporation to create a dedicated cell to curb such practices 'with integrity and dutifully.' The court also ordered that fees collected from vendors be placed under a separate budget head and used exclusively for their welfare, including medical and insurance benefits. (CWP No. 10327 of 2022)
The Print
24-05-2025
- Politics
- The Print
HC quashes 2019 notification of giving 10 marks under socio-economic criteria for Haryana govt jobs
The division bench of justices Sanjeev Prakash Sharma and Meenakshi I Mehta held the state government's June 11, 2019 notification to be in violation of Articles of 14, 15 and 16 of the Constitution. Chandigarh, May 24 (PTI) The Punjab and Haryana High Court has quashed the Haryana government's 2019 notification which gave up to 10 bonus marks to candidates under the 'socio-economic criteria' in the recruitment for government jobs. As per the 2019 notification of the state government, up to 10 marks were to be allotted to candidates under the socio-economic criterion. Maximum five marks were given to a candidate who does not have any family member in a government job and five additional marks were given if an applicant is a widow or belongs to nomadic tribes. 'We find that the selection process has been tainted on account of granting of bonus marks. If the bonus marks are deleted from the selection process, the meritorious candidates would have been selected. 'Such a selection which is solely based on acquiring bonus marks would be in violation of the principles of equality as enshrined under Article 14 of the Constitution of India. 'By carving out an artificial class of applicants who would be entitled to five bonus marks (up to 10), the principles enshrined under Article 16 would stand violated. No other reservation, except the one as available under Article 15 and 16 of the Constitution, can be laid by any state,' said the bench in its May 22 order. The court found that the state conducted the entire selection in a 'wholly slipshod manner'. 'The notification of granting the 10 bonus marks for socio-economic criteria and experience is not based on any rules framed under the proviso to Article 309 of the Constitution. It is also noticed that no data was collected before laying down such socio-economic criteria. 'We further find that once the reservations have already been provided statutorily under the EWS category, as well as on account of social backwardness by providing reservation for backward class, further granting benefit under socio-economic criteria would lead to breach of 50 per cent ceiling limit,' said the order while citing the Indira Sawhney Vs Union of India case. The court stated, 'What cannot be done directly, cannot be done indirectly'. The bench applied the theory of 'no fault' with regard to candidates who would be ousted from the merit list, though they had cleared the written examination and have been working for quite a long time now. 'We also notice that the candidates, who would have been appointed, went under a cumbersome selection process and their appointments were made in terms of the method and manner of selection as in the advertisement. 'Although, we have not approved the economic criteria adopted vide notification dated 11.06.2019, such appointments ought not be made to suffer,' stated the bench. 'We, therefore, save their appointments with a condition that they would have no claim for seniority in terms of the advertisement of 2019. 'We, therefore, find that notification dated 11.06.2019 to be in violation of Articles of 14, 15 and 16 of the Constitution of India and the same is accordingly declared ultra vires and liable to be quashed and set aside,' it said. The court further directed that the state would be required to publish a revised result, and on the basis of the revised result, the candidates who are found to be meritorious, would be entitled to be considered for appointment for the posts concerned advertised in 2019. PTI CHS VSD MNK MNK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
