Implementation Of Pay Scales Involves Executive Discretion, Courts Can't Intervene Unless There Is Illegality Or Glaring Irregularity: Delhi High Court
10 months, 2 weeks ago

Implementation Of Pay Scales Involves Executive Discretion, Courts Can't Intervene Unless There Is Illegality Or Glaring Irregularity: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Chandra Dhari Singh held that implementation of revised pay scales involves executive discretion and courts do not have the authority to intervene unless there is evidence of illegality or a glaring irregularity. The case involved allegations against the Municipal Corporation of Delhi for failure to implement an enhanced pay scale for its technicians, as recommended by the 5th Pay Commission. The Petitioners contended that the Industrial Adjudicator erred in denying them the enhanced pay scale, arguing that the MCD adopted the 5th Pay Commission's recommendations, hence entitling them to the revised pay scale. The High Court further held that the Petitioners' demand for an enhanced pay scale couldn't be construed as a legally vested right.

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History of this topic

'Courts Can't Interfere In Executive Function Of Pay Commission, Delhi High Court Dismisses Petition Claiming Pay Parity
1 month ago

'Courts Can't Interfere In Executive Function Of Pay Commission, Delhi High Court Dismisses Petition Claiming Pay Parity

Live Law  

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul held that the Petitioner who was an Advisor could not be granted the same salary as that of the Advisor and Advisor. Findings of the Court The Court observed that the 5th Central Pay Commission had recommended that the Post of Advisor be placed …

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court
2 months, 3 weeks ago

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court

Live Law  

A division bench of the Calcutta High Court comprising of Justice Harish Tandon & Justice Prasenjit Biswas held that the employer cannot deduct or adjust the excess amount paid to the employee on erroneous fixation of pay scale from the retiral benefits. was relied upon by the court wherein the Supreme Court held that any amount paid to the employee …

Delhi High Court Fines Advocate 10K For 'Outrageous Aspersions' On Judge, Alleging 'Scam In Govt Service'
4 months, 2 weeks ago

Delhi High Court Fines Advocate 10K For 'Outrageous Aspersions' On Judge, Alleging 'Scam In Govt Service'

Live Law  

The Delhi High Court has reprimanded a practising advocate by imposing a cost of Rs. 10,000 in a recruitment matter, who had cast aspersions on a judge which dismissed his earlier plea and had additionally alleged that there was a concerted effort to cover up a "scam" in government service.In doing so the court observed that no litigant much less …

Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court
8 months ago

Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court

Live Law  

The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications. Incidental grant of same pay scale to two or more posts, without any express equation amongst such posts, cannot be termed as an anomaly in a pay scale …

Delhi High Court sets aside AAP govt order revising minimum wages
6 years, 7 months ago

Delhi High Court sets aside AAP govt order revising minimum wages

India TV News  

In a blow to the AAP government, the Delhi High Court today quashed its March 2017 notification revising minimum wages for all classes of workmen in all scheduled employment, saying the decision was ultra vires the Constitution. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also quashed the Delhi government notification setting up a advisory …

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