Madras High Court Weekly Round-Up: July 31 - August 06

A weekly round-up of important cases from the Madras High Court: Citations: 2023 LiveLaw (Mad) 208 To 2023 LiveLaw (Mad) 218 NOMINAL INDEX B Vallipavai v The State of Tamil Nadu, 2023 LiveLaw (Mad) 208 The Registrar, Mahatma Gandhi Medical College and others v. D Rajasree and others, 2023 LiveLaw (Mad) 209 Kalimuthu v The Secretary, 2023 LiveLaw (Mad) 210 Pascal Sasil R v. State of Tamil Nadu, 2023 LiveLaw (Mad) 211 M Mohammed Abbas v State, 2023 LiveLaw (Mad) 212 Erode Mavatta Valamana Thodakka Versus .The Managing Director / Additional Registrar Erode District Central Cooperative Bank, 2023 LiveLaw (Mad) 213 Aashik Ali v State, 2023 LiveLaw (Mad) 214 Murugan v State of Tamil Nadu and others, 2023 LiveLaw (Mad) 215 P Gnana Pragasam v Pradeep Yadav IAS and others, 2023 LiveLaw (Mad) 216 Habeeb Mohamed v. The Home Secretary and Others, 2023 LiveLaw (Mad) 217 Thangamani v The Collector, Erode District, 2023 LiveLaw (Mad) 218 REPORTS Option To Continue With Old Pension Scheme Must Be Extended To All Persons Who Participated In Selection Prior To April 01, 2003 : Madras High Court Case Title: B Vallipavai v The State of Tamil Nadu Citation: 2023 LiveLaw (Mad) 208 The Madras High Court has said that when the recruitment process was carried out before the Contributory Pension Scheme came into effect, those appointed must be given the option to continue in the old pension scheme. The court was hearing a plea by B. Vallipavai, appointed as BT Assistant, who challenged the retrospective operation of the New Contributory Pension Scheme. Justice GK Ilanthiraiyan noted that the new scheme was brought into force on January 1, 2004 but the vacancy arose as early as on November 9, 2002. The court further noted that Vallipavai was called for an interview on April 10, 2003 itself. Medical Colleges Have A Statutory Duty To Pay Stipend To PG Students, Cannot Deny Same On Ground Of Equitable Set-Off: Madras High Court Case Title: The Registrar, Mahatma Gandhi Medical College and others v. D Rajasree and others Citation: 2023 LiveLaw (Mad) 209 The Madras High Court recently held that medical colleges have an obligation to pay stipend to the postgraduate students and they cannot deny the same to them on the ground of equitable set-off, even when the amount that is sought to be claimed by them is not yet ascertained. The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu were hearing an appeal preferred by Mahatma Gandhi Medical College and Aarupadai Veedu Medical College & Hospital against a single judge order directing the colleges to make a payment towards the stipend in terms of Regulation 13.3 of the Medical Council of India (MCI), Post-Graduate Medical Education Regulations, 2000. The court noted that for allowing a claim of equitable set-off, both the claims must arise out of the same transaction and it would be inequitable to drive the defendant to a separate suit. In the present case, the court noted that the claims between the college and the students did not arise out of a commercial transaction. Provide Job To Sister Of SC Man Killed In 2020 In Caste-Based Crime: Madras High Court To State Case Title: Kalimuthu v The Secretary Citation: 2023 LiveLaw (Mad) 210 The Madras High Court recently directed the State Dravidar and Tribal Welfare Department, Theni District Collector, and the District Adi Dravidar and Tribal Welfare Officer to provide employment to a woman, whose brother was killed in 2020, by considering her educational qualification as per Serial No. 46 of Annexure I r/w 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016. Justice L Victoria Gowri of the Madurai bench observed that the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules mandate providing employment to at least one family member of a deceased person along with basic pension. Lawyers Can Take Action Against Litigant Harassing Them Over Queries Raised By Court: Madras High Court Case Title: Pascal Sasil R v. State of Tamil Nadu Citation: 2023 LiveLaw (Mad) 211 The Madras High Court on Monday said that if a litigant harasses a lawyer over certain queries raised by the court, the lawyer can initiate action against such party. The division bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu made the remark while hearing a public interest litigation filed by a final year law student seeking to establish government run old age homes in every district of Tamil Nadu in accordance with Section 19(1) of The Maintenance and Welfare of Parents and Senior Citizens Act 2007. When the case was taken up on Monday, the counsel for the petitioner submitted a memo to the bench informing the...

Madras High Court Weekly Round-Up: July 31 - August 06

Upasana Sajeev

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