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HIGH COURTS ARE DUTY BOUND TO ISSUE WRIT OF MANDAMUS FOR ENFORCEMENT OF A PUBLIC DUTY

SUPREME COURT -
Hari Krishna Mandir Trust vs. State of Maharashtra (CIVIL APPEAL NO.6156 OF 2013

100. The High Courts exercising their jurisdiction under Article 226 of the Constitution of India, not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty bound to exercise such power, where the Government or a public authority has failed to exercise or has wrongly exercised discretion conferred

Hari Krishna Mandir Trust vs State Of Maharashtra . on 7 August, 2020 Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

Service Law- Eligible candidates have a fundamental right to be considered for promotion against the vacancy and promoted if suitable– Facts are that whether the non-consideration of Maj Gen Singh’s claim would “violate the fundamental rights vested in him under Articles 14 and 16 of the Constitution of India”. Answering its query in affirmative, with a rider that it was subject to authorities being desirous of filling the vacancy of a Lt Gen’s post when it became available on Jan 1, 2007, the court said that in the case of Maj Gen Singh, the authorities were desirous of filling up the said vacancy in the Defence Research and Development Organisation (DRDO). The court rejected the government’s plea that at the time of considering Maj.Gen. Singh for promotion, he was on extension of service. Granting promotion to Maj Gen Singh as Lt. Gen. from the date due to him, the court said that he would be treated as being on service till Feb 28, 2009 when he would have attained the age of 60 years, and would be entitled to “all monetary benefits which would have been due to him, on account of his promotion to the rank of Lt Gen till his retirement on superannuation, as also, to revised retirement benefits which would have accrued to him on account of such promotion”.-The court also directed the government to release the monetary benefits to Maj Gen Singh within three months from the date of the receipt of the certified copy of its judgment.

H.M.Singh vs Union Of India & Anr on 9 January, 2014 1. The appellant was commissioned as Second Lieutenant in the Indian Army on 15.6.1969. His initial induction was into the Armoured Corps. On 25.5.1983 the appellant changed his cadre. He permanently moved into the Defence Research and Development Organisation (hereinafter referred to as ‘the DRDO...