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SOUMEN SEN, SAUGATA BHATTACHARYYA
West Bengal State Electricity Distribution Company Ltd. – Appellant
Versus
West Bengal State Electricity Board Engineer’s Association – Respondent
| Table of Content |
|---|
| 1. background of the review application. (Para 1 , 2 , 3 , 4) |
| 2. arguments about the review application's maintainability. (Para 6 , 7 , 8 , 14 , 15) |
| 3. legal standing on dearness allowance under ropa 2009. (Para 9 , 10 , 11 , 12 , 13) |
| 4. financial implications of dearness allowance payment. (Para 18 , 19 , 27 , 30) |
| 5. final observations on review and arguments presented. (Para 39 , 40 , 41 , 43 , 44) |
| 6. court's affirmation of decisions on ropa 2009. (Para 87 , 88 , 89 , 90) |
| 7. conclusion and order of the court. (Para 91) |
JUDGMENT :
(Soumen Sen, J.)
Both the review applications are arising out of a judgment and order dated 17th September, 2021 passed in MAT 501 of 2020 and MAT 502 of 2020. Both the writ petitions were heard analogously and disposed of by a common judgment.
2. The order of the learned Single Judge that the employer is obliged to extend the Dearness Allowance to its employees at the central government rate on and from 1st January, 2009 as may be notified by the Central Government from time to time till the life of ROPA 2009 was affirmed by the Division Bench. The applicants prefer a Special Leave Petition being SLP(c) No. 2947 of 2022. The said special leave
The court affirmed that dearness allowance for pensioners is a statutory right under Rule 20A and cannot be altered by administrative orders, emphasizing the finality of judicial decisions.
The court affirmed that the right to receive Dearness Allowance is legally enforceable under Article 21, linking it to human dignity, and rejected the State's financial incapacity as a valid defense ....
Denial of pension to employees of aided institutions appointed prior to promulgation of Rajasthan Civil Services (Contributory) Pension Rules, 2005 at par with Government servants as per Pension Rule....
The court established that review petitions cannot be based on subsequent judgments or changes in law, and must strictly adhere to the grounds specified under Order 47 Rule 1 CPC, emphasizing the lim....
Pay scale upgradation for Inspectors/Superintendents notionally w.e.f. 01.01.1996 with actual benefits from 21.04.2004; parity under Art.14 for similarly situated employees.
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