Back
NITIN W. SAMBRE, ABHAY J. MANTRI
Jyoti W/o Gendraj Thamke – Appellant
Versus
Union of India, through its Secretary, New Delhi – Respondent
JUDGMENT :
NITIN W. SAMBRE, J.
1. The petitioner as Junior Hindi Stenographer was in the employment with the Madhya Pradesh Government for the period from 23.04.1977 to 20.11.1985. Subsequent thereto, the petitioner was granted employment with the respondent employer on 22.11.1985. Consequential to her earlier service for a period of seven years with the Madhya Pradesh Government, at the time of inception in the service with the respondent no. 3 five advance increments were granted to the petitioner.
2. As a sequel of above, in the beginning the salary to which the petitioner was entitled was calculated considering her five advance increments which were conferred on her. Subsequent thereto, the petitioner stood superannuated on 30.06.2012.
3. At the time of superannuation her pay fixation was carried out and it was discovered that the five advance increments as were conferred on the petitioner in 1991 with effect from 1985 i.e. date of her appointment, were by mistake, and as such re-calculation was carried out and deduction was sought.
4. The petitioner after receipt of the same, approached before the Central Administrative Tribunal questioning not only the adjustment/deduction but als
Benefits conferred for an extended period cannot be withdrawn without just cause, especially when no fault lies with the employee.
An employee who completes a full year of qualifying service is entitled to the benefit of a notional annual increment for pensionary purposes, even if the increment date falls on the day immediately ....
Withdrawn increments were classified as special rather than promotional, which justifies the action based on the Punjab Civil Services Rules and related Supreme Court decisions.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
An employee completing 12 months of continuous service is entitled to an increment, to be granted from the first day of the month in which the service is completed, as per Rule 4.9-A.
Recovery of pension benefits must comply with established legal frameworks, and retrospective adjustments cannot occur unless timely corrected as per governing rules.
Point of law: The expression 'emoluments' means basic pay as defined in Rule 9(21) (a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
