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1 - 4 of 4 (0.85 seconds)Article 14 in Constitution of India [Constitution]
Excel Wear Etc vs Union Of India & Ors on 29 September, 1978
“27. It is now well settled that fixing cut off
dates is within the domain of the Executive and that
the court should normally refrain from interfering
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W.P.Nos.15269 and 16906 of 2020
with the fixation of cut off date. Without multiplying
the authorities, an useful reference can be made to
the judgment of K.Chandru J., in R. Vijayakumar
Vs. Government of India (CDJ 2013 MHC 1140),
where the learned Judge traced the development of
law from the decision of the Supreme court in Excel
Wear Vs. Union of India (1978 (4) SCC 224), upto
the decision in Transport and Dock workers Union
Vs. Mumbai port Trust (2011 (2) SCC 575). As
pointed out by the learned judge, the court is
obliged to exercise restraint in such matters. As a
matter of fact, this litigation under the ONE Unit
System actually started 23 years ago in 1990. It has
become a continuous process with one section of
employees or the other getting affected by the
implementation of the benefits of rectification of
pay anomaly in favour of one set of employees. This
cannot continue for every and at one stage, the
chain in the link has to be severed.”
Maharashtra Ekta Hawkwers Union & Anr vs Municipal Corporation,Greater ... on 9 September, 2013
23. The order passed by a learned Single Judge in W.P.No.26009 of
2011 referred to above was confirmed by learned Division Bench of this Court
in W.A.No.1020 of 2014 dated 19.08.2014 and the same was also confirmed in
SLP (C) No.32262 of 2014 by an order dated 17.11.2017. Considering the
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W.P.Nos.15269 and 16906 of 2020
facts of the case on hand also, initially the benefit of pay/ post parity was
claimed and was granted in favour of the Assistant Promotee Assistant Section
Officers and while issuing the said order, it was mentioned that the similar
benefit to the Typist promotee Assistant Section Officers would be considered
separately and while issuing such separate orders, in respect of Typist promotee
Assistant Section Officers, once again a clause was inserted saying that
consequential rectification orders in respect of the Assistant promotee Assistant
Section Officers would be issued separately. If this rotation is to be allowed,
there would be no end for the same. One after the other, Government will be
forced to step-up/ upgrade the pay post of one cadre after the other.
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