Back
JAGMOHAN BANSAL
Manoj Luthra – Appellant
Versus
New India Assurance Co. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks remedy for salary anomaly. (Para 1 , 2) |
| 2. petitioner's arguments focus on entitlement to increments. (Para 3 , 4) |
| 3. respondent counters petitioner’s claim. (Para 5) |
| 4. court reviews laws regarding salary and position. (Para 6 , 7 , 8) |
| 5. establishes principles of employment options. (Para 9 , 10) |
| 6. court evaluates doctrine of approbate and reprobate. (Para 11 , 12 , 13) |
| 7. court decision based on established principles. (Para 14) |
| 8. petition dismissed for lack of merit. (Para 15) |
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to correctly fix pay of the petitioner by removing the anomaly on account of which petitioner remained underpaid despite appointed on the higher position.
2. The brief facts of the case which are necessary for adjudication of the present petition are that the petitioner through proper channel on 25.07.1990 entered into service of respondent as Assistant (Technical). On 07.10.1993, the petitioner was posted as Data Entry Operator. On 08.11.2000, the petitioner, on the basis of merit determined among Class-III emp
An employee who opts for a specific cadre cannot claim benefits accruing from both prior and new roles, effectively barred from receiving increments from both streams due to principles of estoppel.
Past service should be acknowledged for promotion eligibility, yet current seniority dictates actual entitlement, emphasizing fairness and administrative integrity in promotions.
The main legal point established in the judgment is that an employee who voluntarily shifts to another division and fails to raise objections at the time of the shift cannot claim retrospective promo....
The recovery of excess salary payments must adhere to regulatory frameworks and principles of natural justice; undue hardship on the employee must be avoided.
The punishment takes effect from the date of serving the order to the employee, and the currency of punishment may vary based on the nature of the punishment imposed.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
It clearly reveals that it was not petitioner, who never came forward to render his duties against post to which he subsequently came to be promoted, rather he was prevented by department itself from....
The discretionary power to relax rules should be exercised sparingly to meet exceptional situations, and the principle of 'equal pay for equal work' applies to grant financial benefits for dischargin....
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
