SLP civil appeal - The Legal Chamber

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

26Aug

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Supreme Court

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

The Supreme Court held that pay fixation of re-employed ex-servicemen is governed solely by government guidelines, which banks cannot override. It ruled that reducing pay without providing an opportunity of hearing violates principles of natural justice, rendering such an administrative action legally unsustainable. Facts Of The Case: After retiring from the Indian Navy, the appellants were re-employed by Punjab National Bank between 2015-2017 as Single Window Operators. Their initial pay was fixed at a higher amount, with four appellants receiving ₹40,710 and one receiving ₹34,160. However, following a 2018 clarification from the Indian Banks' Association (IBA) that capped the maximum basic pay for ex-servicemen at ₹31,540, the bank issued a circular and subsequently reduced the appella...

Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple

The Supreme Court granted divorce under Article 142 on the ground of irretrievable breakdown of marriage, citing 16 years of separation and failed reconciliation. It upheld the husband’s acquittal in a false cruelty case (IPC 498A) and enhanced maintenance to ₹15,000/month for the wife and child, prioritizing dignity over a defunct marital bond. Facts Of The Case: The marriage between Pradeep Bhardwaj (appellant-husband) and Priya (respondent-wife) was solemnized on 7 May 2008 in Delhi under Hindu rites. A son was born in 2009, who remained in the wife’s custody. The couple separated in October 2009, just over a year after marriage, and had been living apart for 16 years by the time of the Supreme Court’s judgment. The husband filed for divorce in 2010 under Section 13(1)(a) of the Hindu...

Supreme Court Clarifies Compensation Rules for Loss of Dependency in Fatal Accident

The Supreme Court upheld the High Court’s decision, affirming the Motor Accident Claims Tribunal’s award of ₹76.63 lakhs with 9% interest. It rejected the insurer’s plea to reduce the multiplier, holding that remarriage of the widow did not negate dependency claims of minor children. The Court also clarified that future prospects and interest apply from the claim filing date, emphasizing timely compensation. Delay in adjudication was not solely attributable to claimants, justifying the interest rate. The judgment reinforces precedent-based compensation principles in fatal accident cases. Facts Of The Case: The case involved a fatal motor accident that occurred on 18 November 1995, when a car collided with a truck due to the alleged rash and negligent driving of the truck driver. The dece...