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]
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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