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TARLOK SINGH CHAUHAN, VIRENDER SINGH
Union of India – Appellant
Versus
Ajay Bhatti – Respondent
JUDGMENT :
TARLOK SINGH CHAUHAN, J.
1. Aggrieved by the order passed by the Central Administrative Tribunal whereby it allowed the petition filed by the petitioners (respondents herein), the petitioners have filed the instant petition.
2. The claim of the respondents relates to the grant of Special Compensatory (Remote Locality) Allowance (for short ‘SCA’). According to the case set up by the respondents, it was averred that all the respondents were/are posted at the Air Force Station, Kasauli (for short ‘AFS’) in different trades. After the Fifth Pay Commission Report, the Central Government allowed Special Compensatory (Remote Locality) Allowance against Hill Compensatory Allowance for its employees including the one’s posted at Shimla. On being denied the benefit, the employees posted at AFS Kasauli and Central Research Institute, approached the Tribunal by filing O.A. No. 92-HP-1998, titled Central Research Institute Employees Associations, vs. Union of India and Others, claiming benefit of such allowance and the same was allowed vide order dated 19.05.1989. But when it got down to the respondents, the same had illegally been denied to them on the pretext that the benefit of SCA w
Point of Law : If extrapolated or applied to the factual matrix of present case would have the effect of restricting claim for pension, if otherwise sustainable in law, to three years previous to whe....
The court affirmed that service-related claims may be entitled to relief despite long delays under the doctrine of continuing wrongs but restricted arrears to a maximum of three years prior to filing....
The court upheld that employees appointed on compassionate grounds are entitled to be treated as regular employees from their appointment date, ensuring equal pay and benefits as dictated by establis....
Compassionate appointments are substantive and entitled to regular pay-scale from the initial appointment date, with arrears limited to three years prior to filing due to delay.
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
The court established that similarly situated employees are entitled to the same benefits as previously determined in comparable cases, ensuring equity in compassionate appointments and rectifying pa....
The court affirmed that employees appointed on compassionate grounds are entitled to regular pay scales from the initial date of appointment, subject to a limit of three years for the payment of arre....
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