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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Ashwani Kumar Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Anoop Kumar Mendiratta, J.
1. Petitioners invoke the writ jurisdiction under Article 226 and Article 227 of the Constitution of India for quashing of order dated December 08, 2021 passed in OA No.2781/2021 by the Central Administrative Tribunal (in short ‘the Tribunal’), whereby the petition seeking following reliefs was dismissed:-
b. To declare that the applicants were entitled to join-CPSE/government on consultancy/contractual basis as the same is not violation of clause 8 (iii) of VRS 2019 and such CPSEs/government must ignore the order/clarification/directive dated 25.06.2021 and 13.07.2021 while considering the application of engagement; and/or
c. Direct the respondents to inform the CPSE/government departments to consider the candidature of the applicants at par with other retirees; and/or
d. Direct the respondents to give the applicant all
Engagement on a contractual basis does not confer employee status or rights under government service regulations.
In cases where the Voluntary Retirement Scheme (VRS) is contractual in nature, the provisions of the Indian Contract Act, 1872 apply. The offer to opt for VRS can be withdrawn during the validity per....
The main legal point established in the judgment is the justifiability of the DDA's policy of 2018 and its impact on the employment rights of contractual employees, particularly Ex-Servicemen.
Compensation received by employees under a workforce reduction scheme necessitated by organizational restructuring qualifies as retrenchment compensation, rendering it exempt from tax under the relev....
The court emphasized the importance of the cause of action arising within its territorial jurisdiction for it to entertain a petition.
Under FR 56(k)(1), voluntary retirement notice cannot be withheld except for suspension, pending disciplinary/judicial proceedings on grave misconduct; organizational needs or pending work not valid ....
Ex-gratia under government-approved voluntary retirement scheme for public sector revival held retrenchment compensation, fully exempt u/s 10(10B) as capital receipt, not capped u/s 10(10C); new clai....
Point of Law : Tribunal has failed to appreciate provisions of the scheme and has also ignored the fact that the scheme of 1989 is not an ongoing one but was introduced as a one-time measure.
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