Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Article 14-Delay/ Laches-Natural justice Service Law: Stepping up of pay |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Stepping up of pay - Secretariat of Tamil Nadu Government - Employees recruited through a common selection test under "One Unit" Scheme - Later, Departments of Finance and Law separated from the level of Superintendent (Section Officer) - Resulting in few employees in these two departments getting promotion to higher posts earlier than their seniors in other Departments recruited through "One D Unit" Scheme - Government issuing G.O.Ms. No.126 dated 25.9.1998 stepping up pay of affected existing employees as one time measure - O.A. filed by retired employees rejected by Tribunal, inter alia, on ground of long delay - HELD: the Government under G.O.Ms. dated 25.9.1998 laid down a policy for providing financial benefits to existing employees with prospective effect as a one time measure - No arrears of pay was paid - Various pros and cons were examined - Besides, delay or laches is a relevant factor for a court of law to determine the question as to whether claim made by applicant deserves consideration - Article 14 in such a situation would not be attracted only because a cut off date has been fixed - The same per se cannot be said to be arbitrary-Constitution of India - Article 14 - Delay/Laches - Natural justice - Legitimate expectation.In the State of Tamil Nadu, different Departments of its Secretariat were made "one unit" in the year 1961 for the purpose of appointment and promotion. However, later, by G.O.Ms. No.1290 dated 5.6.1970 the Finance and Law Departments were excluded from "one unit" system in that though the posts in the cadre of Assistant, Assistant Section Officer. Typists/Personal Clerks in these two Departments continued to be filled up from the common list of candidates, further promotions were effected from amongst the employees allotted thereto. GOMs No. 3288 (Public Service Department) was issued on 29.10.1971 specifying Finance and Law Departments as separate units from the level of Superintendent (Section Officer). Two employees filed application before the Tamil Nadu Administrative Tribunal in 1990 claiming promotion and scale of pay at par with those who were working in the Finance Department and were juniors to them but were promoted to higher posts in Finance Department. The application was allowed and pursuant to the directions of the Tribunal, the Government amended the relevant service rules and issued GOMs. No. 126 dated 25.9.1998 providing, inter alia, that pay of seniors in "one unit" recruited on or before 28.1.1994 would be stepped up on par with their juniors in Finance Department by upgradation of scale accordingly and this stepping up would be purely a person-oriented upgradation and would not entitle the employee to any claim for arrears of pay. The respondents, who had retired much prior to issuance of the G.O. dated 29.5.1998 filed applications before the Tribunal claiming fixation of their pay at par with their juniors in Finance Department. Their applications were dismissed by the Tribunal holding, inter alia, that they should have raised the dispute long back when their juniors had been given promotions and as the applications were filed after 20 years, the same could not be entertained. However, the High Court having allowed the writ petitions of the respondents, the State Government filed the instant appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 948 |
Petitioner | State Of Tamil Nadu |
Respondent | Seshachalam |
SCR | [2007] 10 S.C.R. 53 |
Judgement Date | 2017-09-18 |
Case Number | 1938 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |