Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Pay protection - Entitlement of - Employee of State Electricity Board recruited by selection to Central Government on 23.02.1990 - Pay protection claimed by employee by virtue of Notification dated 07.08. 1989 - Subsequent Notification dated 28. 02. 1992 issued extending grant of pay protection to the employees of State Government Undertakings joining service in Central Government on and after 01.02.1990 - High Court ho/din? that the employee not entitled to pay protection - On appeal, held: The issue for getting pay protection arises as soon as an employee joins his new post, where he gets his new pay scale by whatever Notifications, memorandums which are available and applicable at that stage laying down such rules regarding pay protection - Notification dated 28.02.1992 clearly states that the employees of the State Government Undertakings selected for posts in Central Government on direct recruitment basis on and after 01.02.1992 were also extended the benefit of pay protection, as was provided in the case of the employees of Central Government Public Undertakings as per Notification dated 07. 08. 1989 - On facts, said employee was selected and appointed to the post in Central Government on 23.03.1990 after working as an employee of the State Government Undertaking-State Electricity board, thus, the Notification was not applicable and could not have claimed for any pay protection - Also the employee accepted the appointment without any demur or protest on the issue of pay - Thus, order passed by the High Court was justified - Memorandum "DoPT .OM N0.1211188-Estt (Pay-/) dated 28.2.1992. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2011 INSC 495 |
Petitioner | Jagdish Parwani |
Respondent | Union Of India & Ors. |
SCR | [2011] 8 S.C.R. 246 |
Judgement Date | 2011-07-15 |
Case Number | 5481 |
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