Supreme Court of India
Union of India and Ors. v. R. Vasudeva Murthy and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the entitlement for upgradation of salary is dependent on the number of vacancies available and not otherwise.
Judgment, page 15
From the headnote
Service Law - Pay scale - Revision of - Entitlement to - Office Memorandum dated 19.10.1994 issued by Ministry of Finance, Government of India in regard to revision of pay sea/es of Draughtsmen Grade I, Grade II and Grade Ill - Interpretation of - Held: The 0. M. must be construed to make it effective and operative, on the principle expressed in the maxim 'Vt res magis valeat quam pereat" -Particular length of service alone was not sufficient to entitle an employee to earn upgradation I revision of pay, it accrued only if the posts existed, not otherwise - The 0. M. did not give an absolute
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