Back
VIJAY BISHNOI, PRAVEER BHATNAGAR
Rajasthan High Court Assistant Employees Association – Appellant
Versus
State of Rajasthan through the Principal Secretary, Department of Law and Legal Affairs – Respondent
ORDER :
Vijay Bishnoi, J.
1. This writ petition has been filed by the petitioners seeking following reliefs :
(i) the respondents may kindly be directed to grant the benefit of one advance increment to the petitioners w.e.f. 1.5.2013 as has been granted to the other staff members of the Rajasthan High Court vide communication dated 1.6.2017;
(ii) the respondents may kindly be directed to grant the overtime allowance to the petitioners;
(iii) the communication dated 1.6.2017 (Anx.-6) may kindly be ordered to be modified accordingly.
(iv) the communication dated 14.12.2020 (Annexure-13) and the decision taken by the finance department in rejecting the proposal sent by the Hon’ble High Court may kindly be set aside.
(v) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners.”
2. The petitioner No.1 is the Association, whose members
Article 229 (2) of Constitution of India nowhere prescribes or indicates any particular form in which rule should be framed nor does it prescribe any formality required to be gone through.
The main legal point established in the judgment is that the rejection of a policy decision must be supported by proper reasoning and consideration of relevant material. The Court emphasized the need....
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
The Chief Justice has exclusive authority to set pay and service conditions for court employees under Article 229(2), and financial constraints cannot justify the refusal of approval for such determi....
The withdrawal of benefits without complying with the principle of natural justice is void, and the court emphasized the recommendation made by the High Court and the Justice Shetty Commission.
The main legal point established in the judgment is that the withdrawal of benefits without a hearing and the refusal to grant the petitioner the entitled higher pay scale was unjust and improper.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
