2010 (10) TMI 1050

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....espondent is the grandson of a Freedom Fighter who was honoured under the Freedom Fighter scheme launched by the Union of 2 RPT.(ST).11490/10-WP.7955/06 India. The widow of the Freedom Fighter who is the Respondent's grandmother nominated the Respondent for Government service. 3. The Respondent made an application for service. An inquiry report was called for. The inquiry report shows that the Respondent was dependent on the said widow, his grandmother. His grandmother had expired by then. The Respondent's application was rejected for nomination for Government service. 4. The Respondent filed the above Writ Petition challenging the order of the Petitioner herein dated 7th June 2005. 5. When the Petition came up for hearing ....

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....f an employee came up for consideration. The issue was settled in an earlier precedent by the Apex Court. The Counsel did not contest the point. It was contended that it was permissible in law to make provision in the Standing Orders for automatic termination. Rejecting that contention it was held that it cannot be treated as a finding in view of the wrong concession by Counsel at that question of law. Such a concession cannot constitute a just ground for a binding precedent. 9. Following this case it was held in the case of Central Council For Research in Ayurveda & Siddha and Anr. Vs. Dr. K. Santhakumari (2001) 5 SCC 60 that since a wrong concession or admission on a question of law made before the Court by Counsel is not binding on....