The Kalawati was, therefore, justified, in taking port action at 6-48 p. It has been argued before us that the Kalawati should have anticipated that sooner or later the Nizam would correct her mistake and go to the starboard side of the channel and, therefore, as the standing on vessel, the Kalawati should have kept her course and speed as required by Art. Therefore, the respondent shall not be liable Permission to go Abroad Advocate in Chandigarh pay salami during the unexpired period of lease up to 1998. Divorced from the context and the setting in which the new section appears, it may comprehend any orders or directions of a general character in respect of road transport; and, if so construed, it would not only subvert the other provisions of the Act but also would be vulnerable to attack on the ground of constitutional invalidity.
The new list purported to have been framed in accordance with the Recruitment Rules. Barrister in Chandigarh High Court 1994, by notification dated 1. 1994, an amendment was brought in Schedule F of the Rules, as discussed hereinabove, in terms of clause I-B. While adjudicating upon the propositions canvassed before it, the High Court in paragraph 35 of the impugned judgment and order, observed as under:- “35. This argument fails to take note of the perilous position in which the Kalawati was placed by the continuance of the Nizam in a port course till about 6-48 p.
It would entrust the Government with a naked arbitrary power capable of being used to compel quasi-judicial tribunals to dispose of cases in a particular way; it would enable them to couch the order in a general way to induce a tribunal to come to a particular decision in a given case; and it would be destructive of the entire judicial procedure envisaged by the Act and the rules framed thereunder in the matter of disposal of specified questions.
We have no quarrel with the proposition of Proclaimed Offender Law Firm in Chandigarh enunciated by the Apex Court. Since the impugned legislation suffers from the vice of discrimination and unreasonableness, we hold that the impugned Rules are arbitrary and violative of Articles 14 and 16 of the Constitution, since they give unreasonable advantage and a steep forward for an otherwise low category persons like Data Entry Operators as against the LDCs/UDCs/Tax Assistants, who perform highly responsible and complex duties unlike mere entering a data by the Data Entry Operators.
who have not opted for the post of Data Entry Operators and were stick on to the much higher responsible position, were put in a most disadvantageous position. The Kalawati was the standing on vessel, and it was the duty of the Nizam to get out of the way. The demand of salami by State Government for according sanction for renewal of lease cannot and shall not by any stretch of imagination be held to be retrospective. The State Government has rightly not made any claim for salami for the unexpired period of lease, but for the fresh renewal of lease after 1998 which is a fresh grant.
21, and if she had done so, there would have been no collision. Instead of doing that, the Nizam persisted in her port course and changed to hard starboard after the Kalawati had justifiably taken port action to avoid an imminent risk of collision. and furthermore ignores Arts. In that list the promotees were accorded seniority to their satisfaction. 27 and 29 under which when a vessel finds herself so close to another vessel that a collision cannot be avoided by the action of the giving-way vessel alone, she must also take such action as will best aid to avert collision.
Admittedly, before the expiry of the lease in question in 1998, the respondent/transferee stepped into the shoes of the original lessee in the year 1990. The inter se seniority has been fixed by the impugned Rules only based on the pay and giving a go-bye to all the norms prescribed by the Apex Court. In the context rehabilitation is distin- guished from ordinary repairs which go into the working expenses of the industry.
The problem of determining the probable cost of replacement itself is very difficult; but the difficulty is immeasurably increased when it is remembered that the claim for rehabilitation covers not only cases of 123 968 replacement pure and simple but of rehabilitation and modernisation. On the 28th of September, 1972, a list (Exhibit G) of Assistant Engineers indicating their seniority inter se as on the 1st of November, 1959, was prepared by the State Government. The justification for the port action of the Kalawati was the continuance of the Nizam on a port course–a course which was not only taking the Nizam over the mid-line into the wrong side of the channel but was also making her converge on the course of the Kalawati.
However, that list was superseded by another list dated the 4th of September, 1973, in which the seniority inter se of all Assistant Engineers functioning in the State Public Works Department as on 1st of January, 1973 was declared. It says that the State Government may issue orders and directions of a general character in respect of any matters relating to road transport. It is quite conceivable that certain parts of machines which constitute a block may need rehabilitation though the block itself can carry on for a number of years; It is also distinguished from replacement.
But, in the cases on hand, all the parties emerge from the same cadre of LDC and only by virtue of option, some parties have opted to the post of Data Entry Operators and by virtue of the impugned Rules they were afforded fortuitous advantage that too without any stringent conditions like passing the Departmental Tests like the case of a LDC who is required to pass the same to seek promotion to the next category of UDC, while the rest of the LDCs.