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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Senior Divisional Personnel Officer – Appellant
Versus
Devidatta Satapathy Senior Divisional Mechanical Engineer (D) – Respondent
ORDER :
1. The petitioners have filed the instant petition under Article 226 of the Constitution of India being aggrieved by order dated 05.08.2022 (Annexure P/1), whereby the learned Central Administrative Tribunal, Jabalpur (for short ‘the CAT’) allowed the application of respondent holding him to be entitled for pay protection along with all the consequential benefits.
2. Brief facts of the case, as projected by the petitioners are that initially on 14.12.2009, the applicant/respondent herein joined the service as Indian Railway Service of Mechanical Engineers probationer (for short "IRSME") and after completing the probation period, he was promoted to the post of Junior Administrative Grade of IRSME & at present the applicant/respondent herein is working as Senior Divisional Mechanical Engineer (Diesel), at Raipur Division. Before joining the service under IRSMe, the applicant/respondent herein served as regular employee of Oil and Natural Gas Corporation (for short ‘the ONGC’) in the capacity of Executive Engineer (Mechanical) & after completion of training he was posted as Assistant Executive w.e.f 23.03.2004. Thereafter, the applicant/respondent succeeded in the UPSC Engineeri
The court upheld the Central Administrative Tribunal's decision granting pay protection, emphasizing adherence to established legal precedents and rejecting arbitrary distinctions in pay protection e....
The court affirmed that pay protection benefits must be granted to direct recruits from PSUs regardless of recruitment through competitive examinations, rejecting arbitrary restrictions on eligibilit....
The main legal point established is that the DOP&T OM dated 07.08.1989 aims to protect the 'basic salary' plus 'dearness allowance' of candidates recruited from Public Sector Undertakings.
Pay protection under Bihar Service Code Rule-78 is restricted to State Government employees and not applicable to Central Government employees joining through fresh recruitment.
The main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
Employees are entitled to pay protection on transfer even if the probation period is not completed, and pay reductions without notice violate natural justice.
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
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