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West Bengal State Electricity ... vs West Bengal State Electricity Board ... on 17 September, 2021

Mr Dutta states that a judgment of the Delhi High Court in WP (C) No. 3308 of 2020 (Hitesh Bharadwaj vs. Ministry of Finance, Union of India & Ors.) dated 1st June, 2020 has negated a challenge to the said circular. He also makes reference to the office memorandum dated 28th August, 2020 on the Periodic Review of 9 Central Government Employees for amending Rule 56 of the Fundamental Rules and Rule 48 of the CCS (Pension), 1972, whereby a government servant may be required to retire in the public interest after 30 years of qualifying service. Therefore, it cannot be contended that the terms and conditions of service of an employee working with the appellants ought never to be varied to their disadvantage.
Calcutta High Court (Appellete Side) Cites 17 - Cited by 1 - S Sen - Full Document

General Secretary vs M/O Finance on 28 September, 2022

In Hitesh Bhardwaj v. Ministry of Finance, Union of India & Anr. WP© No. 3308/2020, a Division Bench of the Hon'ble High Court of Delhi had occasion to consider the challenge to a Government order freezing the dearness allowance ordered by it. It was held that there was no statutory rule which obliges that the Central Government to continue to enhance Dearness Allowance or Dearness Relief at regular intervals i.e. to revise the same at intervals from time to time. Consequently, there is no vested interest for the Central Government employees or a Central Government pensioner to seek higher Dearness Allowance or Dearness Relief at regular intervals. Evidently dearness allowance is paid by the Government to its employees as well as 13 pensioners to neutralize the impact of inflation. Pay Commission is constituted as a competent body to evaluate the inflation, any caused by adopting different formula, having regard to various factors. Ascertaining the rate of Dearness Allowance being a variable, depends largely on various factors including consumer price index at the relevant place of posting of the employee and it cannot be brought into a straight jacket formula, it was held.
Central Administrative Tribunal - Ernakulam Cites 4 - Cited by 0 - Full Document
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