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(Para 20) The Bench also observed:- Now if all affected employees hit by the reduction of the age of superannuation formed a class and no sooner than the age of superannuation was reduced, it was realized that injustice had been done and it was decided that steps should be taken to undo what had been done, there was no reason to pick out a class of persons who deserved the same treatment and exclude from the benefits of the beneficent treatment by classifying them as a separate group merely because of the delay in taking the remedial action already decided upon.
The same is accordingly hereby set aside. Coming to the Indian Council of Legal Aid while others were denied such benefit. The State Government in this appeal could not establish any of those situations and hence the High Court is right in holding that the respondent is entitled to get the benefit of Section 4 of the Repeal Act. Nakara Case concluded that the impugned Act insofar as it denied the benefit to some of the employees who retired in the interregnum between two dates mentioned above was unsustainable and held as follows:- The principle of Nakara clearly applies.
The following Judgment of the Court was delivered by IMAM J. On failure to establish any of those situations, the landowner or holder can claim the benefit of Section 4 of the Repeal Act. Although it might not be possible in many cases to compute the span of time thus indicated by hours, days or months, what was Advocates (speaking of) possible and the Court had to do in the facts and circumstances of each particular case, was to find whether the act was or was not done within the time which was reasonably convenient or reasonably requisite.
This Court placing reliance on D. In the above view of the matter, we are satisfied, that the charge under Section 366A was also not sustainable against the appellant. The State has to establish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under sub-section (5) of Section 10 or forceful dispossession under sub-section (6) of Section 10. to illicit intercourse Advocates (speaking of) with another person. Performance of such public duty by a person who is holding an office which requires or authorize him to perform such duty is the sine qua non of the definition of the public servant contained in Section 2(c)(viii) of the PC Act.
Discharge of duties in which the State, the public or the community at large has an interest has been brought within the ambit of the expression ˜public duty. We do not doubt that the Judges friend and Advocates; talking to, counselor, the common man, if asked, will unhesitatingly respond that it would be plainly unfair to make any such classification. The mere vesting of the land under sub-section (3) of Section 10 would not confer any right on the State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18-3-1999.
The division of Government employees into two classes, those who had already attained the age of 55 on February 28, 1983 and those who attained the age of 55 between February 28, 1983 and August 23, 1984 on the one hand, and the rest on the other and denying the benefit of the higher age of superannuation to the former class is Advocates (speaking of) as arbitrary as the division of Government employees entitled to pension in the past and in the future into two classes, that is, those that had retired prior to a specified date and those that retired or would retire after the specified date and confining the benefits of the new pension rules to the latter class only.
366A Procuration of minor girl Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. A perusal of the aforesaid section reveals, that the inducing of the minor to constitute an offence under Section 366A, should have been with reference to an intent to force or seduce her .
The expressions ˜office and ˜public duty appearing in the relevant part of the PC Act would therefore require a close understanding. Prabhakar Rao and others who were denied the benefit challenged the legislation. -This is an appeal by special leave against the order of the Madhya Bharat High Court dated July 9, 1955, rejecting an application filed by the appellant under Art. For the reasons recorded hereinabove, we are of the view, that the impugned order passed by the High Court convicting the appellant under Section 366A of the Indian Penal Code is also liable to the set aside.
The commonsense response that may be expected from the common man, untrammeled by legal lore and learning, should always help the Judge in deciding questions of fairness, arbitrariness etc. The definition of public duty in Section 2(b) of the PC Act, indeed, is wide. Viewed from whatever angle, to our minds, the action of the Government and the provisions of the legislation were plainly arbitrary and discriminatory.
In fact, there is no mention of any other person in the sequence of allegations levelled against the appellant.
