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SIDDHARTH MRIDUL, TALWANT SINGH
Kanwal Singh (dr. ) – Appellant
Versus
University Grant Commission (Ugc) – Respondent
JUDGMENT
Talwant Singh, J.
CM APPL. 29753/2022 (Delay)
1. For the reasons stated in the application, the delay in filing the review petition is condoned.
2. The application is disposed of.
REVIEW PET. 157/2022
3. The petitioner has preferred this review petition seeking review of the final judgment dated 13.11.2019 by which the writ petition filed by him was dismissed. While giving the background of the matter, it has been submitted that the petitioner was not satisfied regarding fixing of his pay at the time of his appointment as an Education Officer in the UGC w.e.f. 28.03.1995. He preferred OA No. 687/2018 before the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as `the Tribunal'). The Tribunal dismissed the said OA on the ground of limitation. Being aggrieved, the petitioner filed Writ Petition (Civil) No. 9346/2018 before this Court, which was dismissed on merits vide order dated 13.11.2019.
3.1. In grounds of review, the petitioner has submitted that Section 114 of Code of Civil Procedure, 1908 (hereinafter referred to as `CPC') read with Order XLVII Rule 1 of CPC covers an instance of misconception of fact or law by the Court or by an A
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.
Notional pay revisions in prior PSU employment, effective before resignation and certified in last pay certificate, entitle protection and refixation in new Central Government post under FR 21/22, tr....
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 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....
Distinction in pay protection between interview and open competitive examination selections is arbitrary, lacking intelligible differentia, violating Articles 14 and 16; employees from government ser....
The main legal point established is that pay protection under clause 11(a)(i)(a) of the University Statute applies only if the employee holds a lien on a permanent post and is not applicable to direc....
The court upheld the authority's reduction of the petitioner's pay due to prior erroneous fixation, confirming compliance with the Central Civil Services Rules while quashing the recovery order.
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