Uma Kant Sadhav vs Union of India - 2023 Supreme(Del) 4427

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4427

JYOTI SINGH
Uma Kant Sadhav – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Sachin Chopra, Mr. Anuj Tyagi, Ms. Astha Gupta and Mr. Rahul Sharma, Advocates, for the Petitioner.
Mrs. Bharathi Raju, Senior Panel Counsel, for UOI.

Table of Content
1. challenge to governmental action on appointment terms. (Para 1)
2. nature of appointment as whole time members. (Para 2 , 5 , 11 , 20)
3. legal implications of pay minus pension rules. (Para 10 , 12 , 15 , 18)
4. interpretation of statutory provisions on salary. (Para 21 , 22 , 26 , 36)
5. court's directive to restore full pay. (Para 39 , 41)

JUDGMENT

Jyoti Singh, J.

1. This writ petition has been preferred by the Petitioners laying a challenge to the letter dated 23.07.2018 issued by Respondent No. 1 and letters dated 24.07.2018 and 01.08.2018, issued by Respondent No. 3 and seeking a declaration that Petitioners are governed by terms of appointments envisaged in advertisement dated 05.03.2015 and Notification dated 21.11.2016 as well as Rule 3 of National Monuments Authority (Conditions of Service of Chairman and Members of the Authority and Conduct of Business) Rules, 2011 (hereinafter referred to as `NMA Rules, 2011') read with Section 20H of Ancient Monuments and Archaeological Sites and Remains (Amendments and Validation) Act, 2010 (hereinafter referred to as `2010 Act').

2. Factual expose to the extent relevant and as averred in the writ petition is that Petit