Good earth

A man who traded in soil was stopped by local residents from digging it up. So he sought police protection, contending that since there was no law against it, he was not doing anything illegal. The residents pointed out that the large-scale removal of soil was depleting the water table in the area, which already had water scarcity. The Kerala High Court held that although there was no law prohibiting the removal of soil, no one had the right to cause environmental damage. The court ruled that police protection could not be granted to the petitioner as people have the right to a pollution-free environment and his work was adversely affecting their quality of life (Thilakan vs Circle Inspector of Police)

Photo finish

A widow was refused family pension because she had been living separately after a domestic quarrel and also because she could not produce a photograph of her husband and herself. She approached the Madras High Court, which held that where there is prima facie evidence that she was his wife and none of the conditions of disqualification (for example, pendency of criminal proceedings) apply, such rejection was improper. The court directed her to make a fresh application with the necessary records and a photograph of the couple and directed the authorities to pay her pension, including arrears, upon the receipt of the application (Pujai Samson vs Principal Nesamony Memorial Christian College).

A bitter pill

A doctor who worked at the district Red Cross Society, Ambala, was given a two-year extension after she attained the retirement age of 58 years. The director of health services subsequently informed the society that if it retained an employee beyond 58 years, it would have to pay her salary as the state would not bear the expenses. Her extension was then cancelled and her salary stopped. She approached the court for justice. The Punjab and Haryana High Court held that the doctor could not be made to suffer just because her extension was cancelled. Directing her employees to pay the salary due to her, it held that she was also entitled to all consequential benefits payable to such an employee (Swaran Sharma (Dr) vs State of Haryana).

SOLON