L.C.A.R. versus SATISH KUMAR AND ANR.

L.C.A.R. versus SATISH KUMAR AND ANR.

Retrospective amendment of the non-statutory service rules by the appellant to revise pay scales and introduce UGC pay package is permissible; respondent could not exercise a conditional option for higher pay scale under the amended rules; no discrimination or violation of Articles 14 and 16 was found; conditional option for advancement cannot be entertained; Tribunal’s order allowing retroactive promotion under old scheme is set aside.

Parties
Appellant: I.C.A.R.; Respondent: Satish Kumar
Jurisdiction
India
Judgment Date
31 March 1998
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal
Outcome
appeal allowed
Legal Topics
Retrospective Revision of Pay Scale, Service Rules Amendment, Promotion Criteria, UGC Pay Scales, Articles 14 and 16 Constitution
Service Law Constitutional Law Retrospective Revision of Pay Scale Service Rules Amendment Promotion Criteria UGC Pay Scales Articles 14 and 16 Constitution

Case Brief

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Parties

I.C.A.R.

Appellant

Satish Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether retrospective revision of pay scale and service rules is permissible for employees under non-statutory rules
  2. 2 Whether conditional option for higher pay scale is valid
  3. 3 Whether retrospective operation of service rules by executive instructions is permissible

Ratio Decidendi

Retrospective amendment of the non-statutory service rules by the appellant to revise pay scales and introduce UGC pay package is permissible; respondent could not exercise a conditional option for higher pay scale under the amended rules; no discrimination or violation of Articles 14 and 16 was found; conditional option for advancement cannot be entertained; Tribunal’s order allowing retroactive promotion under old scheme is set aside.

Court Disposition

appeal allowed

Orders

  • Order of Tribunal is set aside.
  • Petition filed by respondent is dismissed.