Tag: Arrears

Supreme Court: Key Takeaway from a Property Dispute: Exhaust Legal Remedies First, Go to Court Later
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Key Takeaway from a Property Dispute: Exhaust Legal Remedies First, Go to Court Later

The Supreme Court dismissed the appeal, holding that the statutory remedy under Sections 37-A/38 of the Tamil Nadu Revenue Recovery Act, 1864, providing a 30-day period to challenge an auction, is mandatory. Failure to exhaust this specific remedy within limitation bars subsequent writ jurisdiction under Article 226, irrespective of other pending proceedings or interim orders. Facts Of The Case: The case concerns recovery proceedings against the legal heirs of late Ramaswamy Udayar for arrack shop dues from 1972-73. Following an ex-parte decree in 1987, the Revenue authorities issued an auction notice in 2005 for his properties. The appellant, his widow, challenged this notice via a writ petition. Although the High Court granted an interim stay on the confirmation of sale, the auction it...
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Supreme Court Upholds “Equal Pay for Equal Work” for Contractual Assistant Professors
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds “Equal Pay for Equal Work” for Contractual Assistant Professors

The Supreme Court affirmed the principle of "equal pay for equal work" for contractually appointed Assistant Professors performing identical duties as their regular and ad-hoc counterparts. It directed the State to pay them the minimum of the pay scale applicable to the post, holding that the nature of the appointment (contractual) does not negate the entitlement to pay parity when the work is the same. Facts Of The Case: The case originated from the State of Gujarat where a significant number of sanctioned posts for Assistant Professors in Government Engineering and Polytechnic colleges remained vacant for years. To address this shortage, the state government made appointments on both ad hoc and contractual bases. The respondents were Assistant Professors appointed on a contractua...
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No Arrears for RBI Pension Opt-Ins: Supreme Court Reinforces Policy Decisions on Pension Benefits
10Jun By The Legal ChamberNo Comments
Supreme Court

No Arrears for RBI Pension Opt-Ins: Supreme Court Reinforces Policy Decisions on Pension Benefits

The Supreme Court of India upheld the Reserve Bank of India's (RBI) decision to fix a cut-off date (July 1, 2020) for pensionary benefits for employees switching from the Contributory Provident Fund (CPF) scheme, rejecting the claim for retrospective arrears from the date of retirement. The Court emphasized that financial implications and administrative exigencies are valid considerations for policy decisions and that employees cannot selectively accept beneficial terms while rejecting unfavorable ones. Facts Of The Case: M.T. Mani, Respondent No. 1, joined the Reserve Bank of India (RBI) in 1981 and was a member of the Contributory Provident Fund (CPF) Scheme. He retired as a Manager on November 30, 2014, having received four prior opportunities between 1990 and 2000 to switch to the Pe...
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