Back
SAMEER JAIN
Suruchi Vashishth D/o Sushil Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent
No, ex-servicemen retired from military service are not applicable for the pay protection provisions under Rule 26(1) of the Rajasthan Service Rules, 1951 (as amended), or the related proviso in Rule 28-A. (!) (!) (!)
The rule explicitly applies to "a person who is already in regular service of the Government of India," appointed by direct recruitment to a State Government post while still serving. (!) Retired ex-servicemen, by definition, are no longer in regular service and thus fall outside this scope. (!) (!)
The court's interpretation reinforces pay protection for transitioning employees currently in Central Government service (including institutions like the Air Force Accounts Office), without distinction between Central and State services, but does not extend to retired personnel. (!) (!) (!) The emphasis is on those seeking No Objection Certificate (NOC) and joining State service from active employment. (!)
ORDER :
1. The present petition is filed with following prayers:
(ii) Issue an appropriate writ, order or direction in the nature thereof thereby, the impugned order dated 27.06.2022 may kindly be quashed and set aside.
(iii) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.
(iv) Cost of the writ petition be also awarded in favour of the petitioner.”
2. At the outset, learned counsel for the petitioner Mr. Ajatshatru Mina submitted that the petitioner was appointed as Air Officer Commanding, AFCAO, New Delhi with the Air Force Central Accounts Office, New Delhi (Central Services). Thereafter, the petitioner had applied for the post of Junior Commercial Tax Officer in the Govt. of Rajasthan (State Services). It is an overarching fact that prior to commencemen
The court established that pay protection provisions apply equally to employees transitioning from Central to State services, emphasizing the need for equitable treatment under the law.
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.
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....
Employees are entitled to pay protection on transfer even if the probation period is not completed, and pay reductions without notice violate natural justice.
The judgment establishes the principle of protecting past service and pay for government employees joining new posts without a break in service, as per Rule 41 of BCSR and relevant government resolut....
The Tribunal held that previous service in an autonomous body qualifies for counting towards pensionary benefits in a new government position.
The court ruled that recruitment rules existing at the time of advertisement govern terms of appointment, and any retrospective application of subsequent rules is unconstitutional and violates the pr....
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
