Court : Madhya Pradesh Jabalpur
..... shall be made according to the circumstances of the case and in the light of the decision as to whether such period is to be accounted for as a period of duty or leave: provided that full pay and allowances shall be admissible only if the officer or employee(a) is treated as on duty during such period, and (b) is acquitted of all charges or satisfies the competent authority, in the case of his release from detention or his detention being set aside by a competent court, that he had not been ..... xxx xxx xxx xxx xxx xxx xxx xxx (4) an officer, or employee may be placed under suspension by the officer empowered to pass the final order under this regulation. ..... provided that if no penalty under clause (b),(c), (d), (e) or (f) of sub-regulation (1) is imposed the officer or employee shall be refunded the difference between the subsistence allowance and the emoluments which he would have received but for such suspension, for the period he was under suspension and that, if a penalty is imposed on him ..... during such suspension, the officer or employee shall receive subsistence allowance equal to one-third of basic pay the officer or employee was receiving on the date prior to the date of suspension, plus dearness allowance and other allowances excluding conveyance allowance, entertainment allowance and calculated on the reduced pay for the first three months of suspension. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... on 06-03- 2003, a team comprising of enforcement officers of employees provident fund regional office, jabalpur, inspected the petitioner establishment to explore coverage possibility under the employees' provident fund and miscellaneous provisions act, 1952. ..... in the case at hand when the facts elaborated by the competent authority are scanned through the definition of the "employee" as it appear under section 2 (f) of the act of 1952, it leaves no iota of doubt that the persons who were claimed to be the night watchman and a part time gardener of a residential building in the precincts were "in employment in connection with ..... the petitioner though captioned as a writ petition under article 226 of the constitution of india, is in substance a petition under article 227 of the constitution of india, as it is directed against the order dated 26- 11-2010 passed by the employees provident fund appellate tribunal, whereby an order dated 31-10- 2003 passed by assistant provident commissioner, jabalpur has been affirmed.3. ..... , having heard the submissions examined the facts and perused the records placed before me in exercise of the powers conferred upon me vide section 7-a of the act hold that shri heeresh and shri vijaykant are employees employed in connection with the work of the establishment and the estt. ..... and he maintained a common attendance- cum-wage register for the employees of the estt and of the residence for the sake of his own convenience. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... even, neither officers nor employees of the respondent no.2 have agitated any grievance before the grievance redressal forum.19. ..... the petitioner no.1 claims to be all india bank officers' association, whereas the petitioner no.2 is the office bearer of the respondent no.2. ..... rabari maganbhai vashrambhai and others, (2006) 12 scc 360; balco employees' union (regd.) vs. ..... in support of his submissions, learned senior counsel has placed reliance on the decisions rendered in grand kakatiya sheraton hotel & towers employees & workers union vs. ..... in support of his submissions learned senior counsel has placed reliance on the decision rendered in hindustan lever employees' union vs. ..... indian airlines, (2009) 5 scc 515; indian airlines officers' association vs. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... senior advocate, invited my attention to the resolution passed by the respondent agency vide annexure p/6 on 28.3.2000 and pointed out that the board in the meeting held on 21.1.2007, decided to grant benefit to the employees from 1.1.1996 and found that for granting arrears a sum of rs.75 lacs is required, it was pointed out that the amount of interest being received @ rs.35 lacs per year is enough to make payment ..... (emphasis supplied)the aforesaid provision clearly contemplates that as far as the terms and tenure, appointments, emoluments to be paid to the employees, officers and staff, allowances, rules and discipline are concerned, the board is empowered to take a decision and there is nothing in the statutory provision or bylaws to show that the ..... the economic condition of the corporation was good and the resolution having been passed to grant the benefit to the employees, the state government or the finance department could interfere with the same only if powers were conferred on the ..... state government or the finance department to act in the manner done, action taken by the respondents in denying benefit to the employees is unsustainable.9- accordingly, in the facts and circumstances of the case, this petition is allowed. ..... commission's recommendation with effect from 1.1.96 as per the decision of the board of directors of the state seed certification agency.2- petitioner association, a registered association, claims to be representing the officers and employees working in m.p. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... clause (iii) of para (a) of the aforesaid circular further prescribes that if an officer/employee fails to get 2 "b" grade out of three years acrs, he should be reverted. ..... period of probation, the respondent authorities must consider the service record of the petitioners for the entire period of probation which includes the extended period of probation as well as the period of service rendered on probation by the employee, on which he has no control, till the date a positive or negative order of confirmation is passed by the respondent authorities.8. in the instant case, while the maximum period of probation including the extended period as prescribed by the circulars is ..... more(2003) 2 scc 408 in support of his contention that in cases where a specific order of confirmation is required, the employee is deemed to have been continued under probation and cannot be deemed to have been confirmed on the lapse of the prescribed period of probation.4. ..... a perusal of the circular dated 1.7.2005, a copy of which has been filed by the learned counsel for the petitioners alongwith the petition, clearly indicates that the employee must have 2 "b" grade acr's in two years of the period of probation. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the state government dated 13.12.2000 has been issued through its panchayat and rural development department that the benefit of vth pay commission has been extended only to the government employees and not for other employees who are not government servants and therefore the benefit of vth pay commission cannot be extended to zila panchayat and janpad panchayat, and this order cannot be said to ..... reference, order passed in w.p.no.1809/2001 decided on 10.8.2006, is reproduced which reads as under: "this order shall decide all these writ petitions in which the petitioners who are employees of either janpad panchayat or jila panchayat have prayed for a relief that they be given benefit of 5th pay commission and the benefit which was granted to the petitioners but subsequently ..... it is gathered that the pay and allowance, pension and retirement benefits of all permanent officers and servants or other employees of the panchayat on the date on which the adhiniyam is in force shall be existing pay and allowances, pension and retirement benefits and therefore, since the benefit of the vth pay commission was extended to the employees of janpad panchayat, therefore, it is cannot be deducted by the impugned order dated ..... contention, but considering the fact that in bunch of petitions similar controversy has been decided and it has been found that the employees of janpad panchayat and jila panchayat are entitled for benefit of 5th pay commission,the petitioner is entitled for the same relief. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... , learned counsel for the petitioner, inviting my attention to the general financial rules and instructions, for handling of cash as contained in annexure p/14, argued that under rule 53(5), it is the drawing and disbursing officer who is the competent authority, directing for withdrawal of cash and it is stated that if the amount to be withdrawn is more than rs.10,000/- then a police escort has to be provided for disbursement ..... is more than rs.10,000/-, it was the duty of the drawing and disbursing officer to ensure that proper police protection is given to the employees, who are sent to the bank or treasury for withdrawal of the amount. ..... state of mp), decided on 6.11.2003 annexure p/15, shri rajneesh gupta argued that under similar circumstances when the drawing and disbursing officer was found to have been negligent in discharge of his duty, the amount of recovery has been reduced by this court by 50% and, therefore ..... xxx xxx xxx(b) xxx xxx xxx(c) when the amount to be handled exceeds rs.10,000 the nazir, or the accountant, or the cashier, as the case may be should go to bank/treasury/post office, accompanied by a police escort, as laid down in home (police) department, notification no.190- 4703-ii-b(8), dated 16.1.1974. ..... rule, which reads as under:"note 1- the responsibility for the money entrusted to a peon or messenger is that of the drawing and disbursing officer and he is personally responsible for any loss of government money occurring in non-observance of this rule. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... to be posted as a sub divisional 4officer in the field, particularly in a place like jabalpur and, therefore, he has been transferred.6- petitioner has filed a rejoinder and has refuted the aforesaid contention and by filing a list of employees as contained in annexure p/12, has tried to point out that more than ten employees, whose names are contained in this document, are posted in the field even though they have not passed the requisite departmental examination. ..... by respondent no.2 that petitioner has not cleared the second paper in general law, with regard to acquaintance with legal procedures and, therefore, finding him to be the junior most sub divisional officer, having not passed the aforesaid examination, respondent no.2, who was already posted in jabalpur itself, in the regional forest research institute, has been posted in place of the petitioner. ..... has to be acquainted with various procedural laws as provided in the code of civil procedure and code of criminal procedure and, therefore, for discharging the functions of a sub divisional officer and for exercising the duties statutory in nature under sections 72 and 57 of the indian forest act, it is emphasized that an employee like assistant conservator of forest has to pass a departmental examination consisting of three papers. ..... such employees according to shri vivek agrawal are not posted as sub divisional officer in sensitive areas, where the field work involves conducting legal proceedings, seizure and registration of .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... family welfare (gazetted) service"(1-d) subject to the provision of sub- rule 2 a member of the madhya pradesh medical education (gazetted) service (excluding general duty medical officer, assistant superintendent of teaching hospital and dental surgeon) appointed to a medical teacher post mentioned in schedule i madhya pradesh medical education (gazetted) service recruitment rules 1987 shall retire from service on the afternoon of the last ..... member of madhya pradesh public health and family welfare (gazetted) service" means a government servant by whatever designation called, appointed as medical officer or specialist in accordance with the recruitment rules and shall also include such medical officer or specialist who is appointed to a administrative post by promotion or otherwise and who has served as medical officer or specialist for not less than 20 years; provided he holds a lien on a post in concerned madhya pradesh public health and ..... case itself, this court did not extend the benefit of superannuation at the age of 60 to all clerical staff but limited the same to that category of employees working in the refinery division, bombay. ..... that the disparity in the age of retirement between two groups of employees gives rise to discriminatory treatment. ..... employer to fix the age of retirement of the employee, being condition of service is absolute. ..... who is the best judge to fix the condition of service for its employee.6. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... communication dated 20.10.99, made by the managing director of otl to the managing director of mpsedc and the legal position indicated therein, shri rohit arya, learned senior advocate, tried to emphasize that the petitioners are employees of mpsedc, their services were only transferred to otl and merely because petitioners have been granted some promotion to higher post in otl, it will not mean that their lien with mpsedc is terminated or ..... shastri, who was working as a coordinator in mpsedc, was considered for appointment on the post of material officer and on the basis of recommendation of the selection committee, he was called for an interview on 10.12.95, as is evident from ..... referring to one such advertisement issued on 27.10.94, advertising posts of assistant manager (materials), material officer, assistant material officer, senior coordinator material, learned counsel for the respondents pointed out that all the petitioners had applied for appointment on ..... was appointed on probation vide annexure r/18 on 15.5.95 on the post of material officer, in the pay scale 2000-3500, on the basic pay of rs.2750 ..... the backside of page 923 and from page 924 onwards are the advertisement issued by otl for appointment on the post of material officer/assistant material officer and the candidature submitted by shri g.v.s. ..... working in a lower post, was appointed on the basis of the recommendation of the committee as material officer, in the basic pay of rs.2000-3500, similarly petitioner ms. .....
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