Monday, December 18, 2017

EVEN AD-HOC DOCTORS ARE ENTITLED TO 180 DAYS PAID MATERNITY LEAVE – DECLARED CENTRAL ADMINISTRATIVE TRIBUNAL, DELHI

The Central Administrative Tribunal (CAT) on 13.12.2017 in O.A. No. 1087/2017 entitled “Dr. Neha Nischal vs. Govt. of NCT of Delhi & Ors.” declared that even ad-hoc female doctors are entitled to 180 days paid maternity leave.

Mr. Anuj Aggarwal, Advocate, counsel for the applicant, argued that since permanent/regular doctors are given 180 days paid maternity leave, there is no justification in not giving the same treatment to ad-hoc doctors. Accepting the argument, CAT directed the Delhi Government to pay full salary of the maternity leave to the applicant for 180 days.

The applicant, Dr. Neha Nishcal, was working as a Senior Resident in the Department of Radiology on ad-hoc basis in Govind Ballabh Pant Institute Post Graduate Medical Education & Research (GIPMER), Govt. of NCT of Delhi, when she availed the maternity leave from 16.05.2016 to 11.11.2016.



Question Paper Leak Case - CAT stays the declaration of result by DSSSB of all the candidates who appeared in the written examination conducted for appointment of Primary Teacher’s in MCD

Central Administrative Tribunal, on 18.12.2017 in “Munesh Kumari vs. Govt. of NCT of Delhi & Ors.” [O. A. No. 4472/2017], directed the Delhi Subordinate Services Selection Board (DSSSB) to not to declare the result of all the candidates who had appeared in the written examination conducted for appointment on the post of Primary Teachers in MCD [Post Code 16/17].

On 29.10.2017, a written examination was conducted by the DSSSB for selecting the candidates for appointment on the post of primary teachers in MCD. The said examination was conducted at 233 centers all over Delhi and more than 1 Lakh candidates appeared in the said examination seeking appointment on 4366 vacancies.

Anuj Aggarwal, Advocate, appearing for Smt. Munesh Kumari, one of the candidate who had appeared in the said written examination and who was aggrieved by the leakage of the question paper, argued that the said written examination stood vitiated because the question paper of the said examination was leaked prior to the commencement of the examination. He further argued that it is a case of large scale cheating and it is impossible to separate the genuine candidates and the candidates who had availed the benefit of leaked question paper and illegal means.

Accepting the argument advanced by Anuj Aggarwal, Advocate, the CAT issued notice to the Lt. Governor, Delhi Government, DSSSB, Delhi Police and all the 3 MCDs. CAT further directed the DSSSB to not to declare the result of the written examination till the next date of hearing. CAT also directed the DSSSB to submit a detailed reply/status report within 3 weeks. CAT also directed the Delhi Police to submit its investigation report. The next date of hearing is 16.01.2018.

It may be noted that on 20.11.2017, in the aforesaid paper leak case, the Hon’ble Chief Minister of Delhi Shri Arvind Kejriwal had directed the DSSSB to cancel the examination with immediate effect and submit the compliance report by 21.11.2017. The DSSSB has till date failed to comply with the aforesaid directions issued by the Hon’ble Chief Minister.


It may also be noted that 85 other candidates, who were aggrieved by the leakage of question of paper and large scale cheating, had approached the Hon’ble CAT on 13.11.2017 by way of an Original Application No. 3961/2017 titled “Naveen Kumar & Ors. vs. DSSSB & Ors.”. In the said case, Delhi Police has filed a status report which clearly shows that the question paper was leaked prior to the commencement of examination and it is a case of large scale cheating using mobile phones, laptops, electronic devices, sim cards, bluetooth, etc.

http://www.advocateanujaggarwal.com/

Saturday, June 10, 2017

No full and final settlement after 8 months since resignation

Query - I was working with a software company for 3 years. I resigned the company 8 months ago. I received the relieving letter and experience letter. The HR told me that full and final settlement would be done after 2 months according to company policy. But it's almost 8 months and no settlement has been done. They say full and final settlements of previous employees are still pending and they will be considered first. Every time the HR gives some funny reason as if it's my concern that the previous cases are pending. Can I send a notice to the company legally? Is the company ignoring any law by delaying the FNF settlement?

Reply

Withholding of terminal benefits (payments due at the time of full and final settlement) by the company (employer) is illegal as well as unjustified. In case of delay, an employee can legally claim an appropriate interest upon the delayed payments. It may be noted that there can be no such “policy” in terms of which the company can withhold your terminal benefits even for 2 months. In case any such “policy” exists, then that “policy” by itself is illegal and unenforceable in law. It may further be noted that pendency of clearance of payments of previous employees is no reason, much less a valid reason, to withhold your payments to which you are legally entitled too. You can, therefore, take a legal action against the company by sending a legal notice through a lawyer followed by a civil suit for recovery.

You may also like to know that Hon’ble Supreme Court of India in catena of cases has repeatedly emphasized the position that terminal benefits are no longer matters of any bounty to be distributed by an employer. Terminal benefits are valuable rights acquired by an employee and are, in fact, property in the hands of an employer. It has also been repeatedly held by the Hon’ble Courts that any delay in settlement and disbursement thereof has to be viewed seriously and dealt with severely by imposing penalty in the form of payment of interest. [For your reading - State of Kerala vs M. Padmanabhan Nair [(1985) I LLJ 530 SC]

Hope the query stands satisfied. For any further clarification / query please call / contact the undersigned.

Thanks & regards,
Anuj Aggarwal
Advocate
Mob - 9891403206

Saturday, January 7, 2017

Special Education Teachers are entitled to interest on delayed payment of salary

Central Administrative Tribunal – Held, the Special Education Teachers, working in the schools run by the Govt. of NCT of Delhi, are entitled to interest on delayed payment of salary at the prevalent rate of interest applicable on GPF account of employees – Sarvesh Dixit & Ors. Vs. Union of India & Ors. [CAT - O.A. No. 1334/2016, Decided on 16.05.2016]
http://www.advocateanujaggarwal.com/home.php

Anuj Aggarwal
Advocate
Mob - 9891403206

In case the facts are not in dispute then it is inappropriate to remand the matter to the executives for deciding the representation

Delhi High Court – In case the facts are not in dispute then it is inappropriate to remand the matter to the executives for deciding the representation – Order passed by the CAT set aside and the matter remanded back for decision on merits – Nisha Vs. Govt. of NCT of Delhi & Ors. [W. P. (C) 8874/2015; decided on 21.09.2015]



Retrospective regularization in service of Malis

Central Administrative Tribunal (CAT) - Retrospective regularization in service – Employees (Malis) held entitled to full salary of a permanent employee during the period of their enforced unemployment (termination from service) - Once a terminated workman is reinstated in service, he is deemed to be in service for all intent and purposes – No recovery can be made from Malis (class IV employees) – Order passed by the MCD directing recovery from the Malis set aside – Dinesh & Ors. Vs. East Delhi Municipal Corporation [O.A No.3349/2013; decided on 20.08.2016]



Employees of North Delhi Municipal Corporation (NDMC) are entitled to Hospital Patient Care Allowance (HPCA)

Central Administrative Tribunal (CAT) - Technical Assistants / Technicians / OT Technicians working in the hospitals of North Delhi Municipal Corporation (NDMC) are entitled to Hospital Patient Care Allowance (HPCA) – Order passed by the NDMC to discontinue and recover the payment of HPCA from its employees set aside by the CAT – Manoj Kumar & Ors. Vs. NDMC & Ors. [O.A. No. 470/2016; decided on 30.08.2016]

Anuj Aggarwal
Advocate
Mob - 9891403206

Dismissal of constable on the ground of unauthorized absence

Supreme Court – Dismissal of constable on the ground of unauthorized absence – Held, disproportionate to the gravity of alleged misconduct – Directed re-employment as a fresh recruit - Prathvi Raj Sharma vs. State of U.P. & Ors. [Civil Appeal No.3647 of 2015, arising out of SLP(C) No.18131/2014; decided on April 13, 2015]


Appointment to the post of Primary Teacher in KVS

Delhi High Court (DB) - Appointment to the post of Primary Teacher in KVS – A candidate who has scored 50% marks in best 5 subjects in class 12th Examination is eligible for appointment - Kendriya Vidyalaya Sangathan Vs. Rohit & Anr. [Writ Petition (C) No. 6342/2015; Date of decision: 18th October, 2016]


Anuj Aggarwal
Advocate
Mob - 9891403206
Email – anujaggarwal1984@gmail.com

http://www.advocateanujaggarwal.com/home.php

Section 376 (Rape) – Delhi High Court granted bail to the prime accused – inordinate delay in lodging the FIR

Section 376 (Rape), IPC – Delhi High Court granted bail to the prime accused – inordinate delay in lodging the FIR – Javed Khan Vs. State Govt. of NCT of Delhi [BAIL APPLN. 2657/2016, Order dated - 06.01.2017, Delhi High Court]

Anuj Aggarwal
Advocate
Mob - 9891403206
Email – anujaggarwal1984@gmail.com

http://www.advocateanujaggarwal.com/home.php