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Supreme Court of India 2022-05-18 partly_allowed

RUSHIBHAI JAGDISHBHAI PATHAK vs BHAVNAGAR MUNICIPAL CORPORATION

Bench: 2 — Ajay Rastogi, Sanjiv Khanna

In Brief

Municipal corporation employees challenged a 2010 order that reduced their pay-scale, arguing they were entitled to higher promotional scale benefits under a 2007 scheme. The High Court allowed their writ petition but restricted arrears from the 2018 judgment date. The Supreme Court partly allowed the appeal, holding that delay and laches limit arrears recovery to three years before petition filing (September 2017), not from 2010. The Court directed payment of three years' arrears with 7% annual interest from September 2017. Full refund of amounts recovered under the 2010 order was rejected due to the employees' delay in approaching the court.

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Service Law Civil Procedure Limitation and Laches Employee Benefits Salary and Pay-scale Administrative Law Equity and Estoppel

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