Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pay protection Cut off date |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SERVICE LAW:Pay protection - Cut off date - Teacher in StateGovernment - Joining as primary teacher in KendriyaVidyalaya Sangathan on 23. 7. 1987 and confirmed on23.9.1989 -- Claim for protection of pay as per O.M. dated7. 8. 1989 which was given effect from 1. 8. 1989 - Held: It ispermissible for the Government to lay down the cut off datefrom which the benefit would be available to the employees -- Once it is stated that the order takes effect from 1. 8. 1989,the clause will have to be given its plain meaning as it isdrafted -- Therefore, the employees like the appellant who wasin the State Government service earlier, will be entitled to payprotection from that date i.e. 1. 8. 1989 -- He will, however, notget the pay protection prior to that date -- Interpreted this way,it will not amount to giving any retrospective effect to theMemorandum -- The last pay drawn by the claimant in Stateservice as on 1. 8. 1989, directed to be protected withconsequential service benefits - Government of India,Department of Personnel and Training O.M. dated 7.8.1989. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 752 |
Petitioner | Krishna Kant Tiwari |
Respondent | Kendriya Vidyalaya Sangathan & Anr. |
SCR | [2013] 12 S.C.R. 361 |
Judgement Date | 2013-11-12 |
Case Number | 10239 |
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