Saturday, September 28, 2024

Failure to upload OBC Certificate – Cannot be a ground for denying appointment on the post of Primary Teacher in MCD – Central Administrative Tribunal, Delhi

 

24.09.2024

Central Administrative Tribunal, Delhi

 

Failure to upload OBC Certificate – Cannot be a ground for denying appointment on the post of Primary Teacher in MCD – Central Administrative Tribunal, Delhi

 

https://advocateanujaggarwal.com/home.php

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024092817275387722024%20CAT%20-%20Sunanda.pdf

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Tuesday, September 24, 2024

Delhi HC seeks Centre's response on plea challenging requirement of ration card for availing benefits under Rastriya Arogya Nidhi (RAN)

 

22.07.2024

Delhi High Court (DB)

 

Delhi HC seeks Centre's response on plea challenging requirement of ration card for availing benefits under Rastriya Arogya Nidhi (RAN)

 

The Delhi High Court on Monday sought Central Government's response on a Public Interest Litigation (PIL) challenging Clause-7 of the umbrella scheme of Rashtriya Arogya Nidhi  (RAN), through an Office Memorandum dated February 1, 2019 issued by the Ministry of Health  and Family Welfare, to the extent it mandates that possessing a ration card is mandatory for availing the benefits under the scheme.

 

The Petitioner Aakash Goel, a social activist through a plea sought direction to the respondent Union of India, Ministry of Health and Family Welfare to relax the mandatory requirement of production of Food Security Card (Ration Card) for financial assistance under Rashtriya Arogya Nidhi Scheme.

 

The bench led by Acting Chief Justice Manmohan also comprising Justice Tushar Rao Gedela, after noted the submissions, issued notice to Ministry of Health and Family Welfare, Ministry of Consumer Affairs and Government of NCT Delhi and listed the matter for detail hearing on November 25, 2024.

 

Plea stated that Office Memorandum dated February 1, 2019 was issued by the Ministry of Health  and Family Welfare, Department of Health & Family Welfare for issuing the Guidelines pursuant to the implementation of the Umbrella Scheme of Rashtriya Arogya Nidhi (RAN).

 

It was submitted that the aforesaid scheme envisaged three components namely - Rashtriya Arogya Nidhi , Health Minister's Patients Fund (HMCPF) and the Scheme for Financial Assistance for patients suffering from specified rare diseases.

 

It stated that the impugned Guidelines inter alia stated that for the purpose of availing financial support by the destitute patients under the Umbrella Scheme of RAN the Applicant under Clause 7 of the said guidelines shall be in possession of Income Certificate and Ration Card.

 

It is submitted that Clause 7 elucidated under the aforementioned Scheme is unlawful, arbitrary, discriminatory and perverse. It is pertinent to mention that as stated/asserted in the foregoing paragraphs, since 2016, the Government of NCT of Delhi has imposed an embargo upon the issuance of new Ration Cards unless the existing cardholder has either died or cancelled or forfeited or surrendered their ration card. Thus, no new Ration Cards have been issued by the Government of NCT of Delhi. Hence several destitute patients who are in desperate need of receiving financial aid and benefits under the RAN scheme for their treatment are being arbitrarily denied solely on the ground of non-possession of a Ration Card, stated the plea.

 

Therefore, in view and sequitur of the aforementioned facts and circumstances, it is hereby submitted that the aforementioned Guideline to the extent of conditions specified under Clause 7 pursuant to possession of Ration Card is both deplorable and unwarranted and further de hors benevolent purpose of the scheme for which it was implemented, the plea read.

 

[Aakash Goel Vs. Union of India & Ors., W.P.(C) 9891/2024, date of Order – 22.07.2024, next date of hearing – 25.11.2024]

 

https://www.aninews.in/news/national/general-news/delhi-hc-seeks-centres-response-on-plea-challenging-requirement-of-ration-card-for-availing-benefits-under-ran20240722162545/

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024092417271732562024%20Del%20DB%20-%20AAKASH%20GOEL.pdf

 

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

Monday, September 23, 2024

Retrospective promotions – Delay in paying the arrears of salary – Interest @ 8% p.a. – Government is liable to pay interest from the date the amount became due till the payment is made to the employee – Delhi High Court (DB)

12.07.2024

Delhi High Court (DB)

 

Retrospective promotions – Delay in paying the arrears of salary – Interest @ 8% p.a. – Government is liable to pay interest from the date the amount became due till the payment is made to the employee – Delhi High Court (DB)

 

[Parkash Chandra Vs. Union of India & Ors., W.P. (C) No. 12054/2019, Review Pet. No. 19/2020, Delhi High Court, decided on 12.07.2024]

 

https://www.advocateanujaggarwal.com/advocateadmin/img/Finalist/2024092317270845712024%20Del%20DB%20-%20PARKASH%20CHANDRA.pdf

 

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Wednesday, September 18, 2024

All Annual Confidential Reports (ACRs) must be communicated to the employees and in case the ACRs are upgraded, the employee must be considered for retrospective promotion – Delhi High Court

27.08.2024

Delhi High Court

 

All Annual Confidential Reports (ACRs) must be communicated to the employees and in case the ACRs are upgraded, the employee must be considered for retrospective promotion – Delhi High Court

 

Promotion to the post of Deputy Manager (Technical) in Indraprastha Power Generation Company Limited (IPGCL) – ACRs were upgraded after the meeting of the Departmental Promotion Committee (DPC) – Delhi High Court directed IPGCL to convene a Review DPC for considering the candidature of the petitioners for promotion and, in case the petitioners are found fit, then the promotions shall relate back to the dates of promotions of juniors considered in the DPC convened on 08.08.2012 - Delhi High Court also directed that in the event of promotion, the petitioner will be entitled to all the consequential benefits, including seniority – Directive paragraph of the Order dated 27.08.2024 reads as under:-

 

39. Accordingly, these writ petitions are allowed setting aside the impugned order dated 24.07.2018 whereby the representations of the Petitioners seeking consideration by review DPC, based on upgraded ACRs with consequential restoration of seniority, were rejected. It is directed that cases of the Petitioners shall be considered for promotion to the post of Deputy Manager (Technical) w.e.f. the date the immediate juniors were promoted by taking into consideration the upgraded ACRs for the relevant periods. Needless to state that if the Petitioners are found FIT for promotions, their promotions shall relate back to the dates of promotions of juniors considered in the DPC convened on 08.08.2012. If recommended for promotions in the review DPC, Petitioners will be entitled to all consequential benefits including seniority. The entire exercise shall be carried out by the Respondents within a period of three months from today.

 

[Ajay Kumar Sinha Vs. Indraprastha Power Generation company Limited & Pragati Power Corporation Ltd., W.P. (C) No. 12633/2018, W.P. (C) No. 13300/2018, W.P. (C) No. 13261/2018, W.P. (C) No. 13277/2018, decided on 27.08.2024, Delhi High Court]

 

https://advocateanujaggarwal.com/home.php

 

https://www.advocateanujaggarwal.com/advocateadmin/img/Finalist/2024091817266514362024%20Del%20Single%20-%20AJAY%20KUMAR%20SINHA.pdf

 

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Monday, September 16, 2024

Leave encashment – Private schools are bound to pay leave encashment to its employees – Delhi High Court

20 August 2024

Delhi High Court

 

Leave encashment – Private schools are bound to pay leave encashment to its employees – Delhi High Court

 

[Sadhna Payal Vs. Rukmani Devi Jaipuria Public School & Anr., W.P. (C) No. 14814/2021, Delhi High Court, decided on – 20.08.2024]

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024091717265449272024%20DHC%20-%20Sadhna%20Payal.pdf

 

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Tuesday, September 3, 2024

Contractual ECG Technicians - Equal pay for equal work – Entitled to salary as per the Pay Commission

21.08.2024

Central Administrative Tribunal, Delhi

 

Contractual ECG Technicians - Equal pay for equal work – Entitled to salary as per the recommendations of Central Pay Commission

 

[Ms. Seema & Ors. Vs. Aruna Asaf Ali Govt. Hospital & Anr., OA No. 4255/2015, decided on 21.08.2024, Central Administrative Tribunal, Delhi]

 

https://advocateanujaggarwal.com/home.php

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024090317253780352024%20CAT%20-%20Ms.%20Seema.pdf

 

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Monday, September 2, 2024

Guest teacher – Age relaxation – 120 days must be completed in 12 months and not necessarily in an academic year

22.08.2024

Central Administrative Tribunal, Delhi


Guest teacher – Age relaxation – 120 days must be completed in 12 months and not necessarily in an academic year – A guest teacher working for 123 days w.e.f. 18.10.2012 to 10.05.2013 is entitled for age relaxation for appointment on the post of TGT (Natural Science)

[Pardeep Vs. DSSSB & Anr., OA No. 2834/2019, decided on 22.08.2024, Central Administrative Tribunal, Principal Bench, Delhi]

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024090217252918452024%20CAT%20-%20Pardeep.pdf

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Sunday, September 1, 2024

2024 Del DB - Naxalite’s bomb blast causing injury to Assistant Commandant – CRPF denied Senior Time Scale on the ground of low medical category – Delhi High Court held the action of CRPF as illegal and directed CPRF to grant Senior Time Scale to the Assistant Commandant with effect from the date it became due

29.08.2024

Delhi High Court (DB)

 

Naxalite’s bomb blast causing injury to Assistant Commandant – CRPF denied Senior Time Scale on the ground of low medical category – Delhi High Court held the action of CRPF as illegal and directed CPRF to grant Senior Time Scale to the Assistant Commandant with effect from the date it became due

 

[Lalit Vs. CRPF & Ors., WPC No. W.P.(C) 8133/2020, Decided on 29.08.2024]

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024090117252042492024%20Del%20DB%20-%20LALIT.pdf

 

https://advocateanujaggarwal.com/home.php

 

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

 

Naxalite attack causing bullet injury to Assistant Commandant – CRPF denied Senior Time Scale on the ground of low medical category – Delhi High Court held the action of CRPF as illegal and directed CPRF to grant Senior Time Scale to the Assistant Commandant with effect from the date it became due

29.08.2024

Delhi High Court (DB)

Naxalite attack causing bullet injury to Assistant Commandant – CRPF denied Senior Time Scale on the ground of low medical category – Delhi High Court held the action of CRPF as illegal and directed CPRF to grant Senior Time Scale to the Assistant Commandant with effect from the date it became due

[Kalyan Singh Vs. CRPF & Ors., WPC No. 473/2021, Decided on 29.08.2024]

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024090117252033232024%20Del%20DB%20-%20KALYAN%20SINGH.pdf

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com