SERVICE LAW

2019(5) MLJ 122 (SC)(AMJ & NSJ)

Termination – Private school teacher – appointed as Assistant Teacher – on probation, was
issued show cause notice along with order of suspension – After period of suspension 1st
Respondent was not allowed to perform duty and served with letter of termination. Held,
approval of appointment made with retrospective effect and no approval obtained for
purpose of removal passed two months later - Functioning of both aided and unaided
educational institutions must be free from unnecessary Governmental interference – it
needs to the reconciled with conditions of employment of employees of these institutions
did not suffer unfair treatment at hands of management – Writ Application maintainable
even as against private unaided educational institutions – Employee had served for five
years before dismissal from service by stigmatic order, passed without holding enquiry –
Manner in which termination had been made was clearly arbitrary and order was illegal and
void.

CIVIL LAWS
2019(5) MLJ 1 (TSSJ)
LPG Distributorship – Petitioner applied for grant of LPG Distributorship and declared
successful Lease agreement submitted by Respondent for eleven months was not in line
with Unified Guidelines and Respondent given time to offer alternate land – Respondent
submitted representation enclosing lease deed, rectification deed mentioning term as
fifteen years – declined to accept rectification deed. Held, Respondent deemed to be fully
aware of all terms and conditions – Despite that, while submitting his application in 5th
column, he had given date of lease deed along with document number – Said column
clearly states land should be owned or leased for minimum fifteen years – Applicant could
not have filed document with eleven months lease period to state that it satisfied
requirement in column 5 of application – Respondent filed incorrect declaration and in
terms of clause 6, application to be rejected, as it was in violation of solemn declaration
given by applicant.

CIVIL PROCEDURE
2019(5) MLJ 100 (TSSJ)

(PP) Adverse remarks in judgment – Expunction – Held unwarranted comments and

remarks were not called – Observations made by Single judge were not necessary for
decision in case nor it was integral part thereof – Adverse remarks / observations made
against officer / officers of Appellant or its Senior Standing Counsel were not warranted and
they need to be expunged.

PROPERTY LAWS
2019(5) MLJ 109 (TRJ)
Easementary Rights – Foot Pathway – suit for declaration that they had easementary right
over suit road lying in 3rd Defendant’s property by way of prescription as well as by way of
necessity – dismissed – appellate court – determined that Plaintiffs were entitled to use
lesser portion of Defendant’s property as foot pathway, hence these appeals – Held,
existence of road portion in 3rd Defendant’s property and usage of same by Plaintiff’s and
predecessors in interest beyond statutory period not established by Plaintiff’s – merely
because at one point or other , Plaintiff had casual access through third Defendant’s
property to reach their properties, would not confer them valid right as per law.

2019(5) MLJ 52 (NSJ)

Vaikal Poramboke – to be enjoyed in common – When Government Poromboke already put
into use and converted as mud road, contention of Plaintiff that he is in possession of
property and cultivating in property, not accepted.

SERVICE LAWS
2019(5) MLJ 78 (SMSJ)
Selection – Appointment of Principal – Held, UGC Regulations were statutory and to be
followed mandatorily while appointing College Teachers, Principal – Failure on part of
administration in following UGC Regulations would result in cancellation of Grant/Aid by
UGC – Educational Agency was administering more than one college, then colleges under
control of Educational Agency shall be treated as one Unit for purpose of promotions -
Appointment to post of principal for four colleges, separate selection committee
constituted and separate selection committee constituted and separate selection process
conducted without treating all colleges as one unit – these statutory violations and
illegalities identified by interim Administrator, brought to notice of this court – Process of
Selection conducted by board through its selection committee and college committee
declared null and void.