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1 - 5 of 5 (0.62 seconds)Section 19 in The Administrative Tribunals Act, 1985 [Entire Act]
The Director (Admn. And Hr) Kptcl vs C.P. Mundinamani on 11 April, 2023
6.3. At this stage, it is required to be noted that
there are divergent views of various High Courts on
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O.A./350/871/2024
the issue involved. The Full Bench of the Andhra
Pradesh High Court, the Himachal Pradesh High
Court and the Kerala High Court have taken a
contrary view and have taken the view canvassed
on behalf of the appellants. On the other hand, the
Madras High Court in the case of P. Ayyamporumal
(supra); the Delhi high Court in the case of Gopal
Singh Vs. Union of India and Ors. (Writ Petition (C)
No. 10509/2019 decided on 23.01.2020); the
Allahabad High Court in the case of Nand Vijay
Singh and Ora.
Yogendra Singh Bhadauria vs The State Of Madhya Pradesh on 22 September, 2020
Vs. Union of India and Ors. (Writ A
No. 13299/2020 decided on 29.06.2021); the
Madhya Pradesh High Court in the case of Yogendra
Singh Bhadmauria and Ors. Vs. State of Madhya
Pradesh; the Orissa High Court in the case of AFR
Ann Kumar Biswal Vs. State of Odisha and Anr.
(Writ Petition No. 17715/2020 decided on
30.07.2021); and the Gujarat High Court in the case
of Stale of Gujarat Vs. Takhatsinh Udasinh Songars
(Letters Patent Appeal No. 868/2021) have taken a
divergent view than the view taken by the Fall
Bench of the Andhra Pradesh High Court and have
taken the view that once an employee has earned
the increment on completing one year service lie
cannot be denied the benefit of such annual
increment on his attaining the age of
superannuation and/or the day of retirement on
the very next day.
Union Of India vs Tarsem Singh on 19 September, 2019
7. Thus, this Tribunal is of the considered opinion that the issue of delay
and latches/limitation and continuous wrong as defined by the Apex Court
in the aforementioned judgment passed in the case of Tarsem Singh
(supra) is applicable to the instant original application and accordingly,
arrear payment of only three years preceding to the date on which the
instant original application was filed is liable to be granted in favour of the
applicant.
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