Supreme Court of India · 2013-08-07
Sec.Dept.Of Atomic Energy & Ors vs M.K.Bawane
- Citation / case number
- AIRONLINE 2013 SC 77
- Court
- Supreme Court of India
- Petitioner
- Sec.Dept.Of Atomic Energy & Ors
- Respondent
- M.K.Bawane
- Author
- Anil R. Dave
- Bench
- Anil R. Dave, A.K. Sikri
Judgment text excerpt
The Supreme Court held that the High Court erred in granting a special incentive increment to the respondent-employee, as per the policy established by the Government which states that re-employed individuals are not entitled to such increments if the sterilization operation occurred prior to re-employment. The Court emphasized that the Tribunal's decision was based on this policy, and the High Court's reliance on inconsistent past cases was misplaced. Consequently, the appeal was allowed, and the High Court's order was set aside, reaffirming the validity of the Government's policy.