Whether incentive amount to condition of service?

 We make it clear that we do not intend to pass any order
which   will   have   any   effect   on   the   service   conditions   of   the
departmental   labourers   employed   by   the   respondent/Corporation.
However, it is to be noted that the High Level Committee itself has
recommended discontinuing practice of departmental labourers. The
High   Level   Committee   has   noticed   that   there   were   about   370
labourers  in   the   respondent/Corporation  who  had   got   salaries   of
more than Rs.Four Lacs per month. The Committee has, therefore,
recommended   that   they   should   be   offered   suitable   VRS   and   this
cadre   be   gradually   phased   out.   The   Committee   has   also
recommended that there should be a cap on the incentive system,
whereby no labourer is allowed to work more than 1.25 times the
daily work. It is worth mentioning here that, by now it is a settled

law that the incentive does not amount to a condition of service and
is an additional payment to be made to an employee in addition to
the salary and wages payable to him as per the service conditions. 
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR 
P.I.L. No.84 OF 2014
COURT ON ITS OWN MOTION       ........        PETITIONER
        // VERSUS // 
 Union of India,

                CORAM :    B. R. GAVAI &
             P. N. DESHMUKH,  JJ.
                           
          DATE     :    20/11/2015.
Citation: 2016(2) MHLJ647

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Whether chances of promotion are conditions of service?

 First of all, we may advert to the decision rendered by this Court in State of Maharashtra & Anr. v. Chandrakant Anant Kulkarni & Ors., (1981) 4 SCC 130, wherein a three Judge Bench of this Court held as under:- "16. Mere chances of promotion are not conditions of service and the fact that there was reduction in the chances of promotion did not tantamount to a change in the conditions of service. A right to be considered for promotion is a term of service, but mere chances of promotion are not. 

Supreme Court of India

Dhole Govind Sahebrao & Ors vs Union Of India & Ors on 26 March, 2015

Bench: Jagdish Singh Khehar, S.A. Bobde

Read full judgment here; click here

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What is distinction between rule of recruitment and condition of service?

A Division Bench of the Hon’ble Allahabad High Court in Dr. Rajeev Ranjan Mishra and others v. State of U.P. and others, 2008 (1) AWC 810, held as under:

“The distinction between rule of “recruitment” and “condition of service” is no more res integra having already been settled by the Apex court in catena of cases. In State of M.P. v. Shardul Singh, (1970) 1 SCC 108, the Apex Court held that the term “conditions of service” means all those conditions which regulate the holding of a post by a person right from the time of his appointment till retirement and even pension etc. It was reiterated in I.N. Subbareddy v. State of A.P., (1997) 1 SCC 554. In Syed Khalid Rizvi v. Union of India, 1993 Supp (3) SCC 575, the Apex Court held that where a rule permits relaxation of provisions pertaining to “conditions of service”, the same would be applicable to the condition after appointment to the service in accordance with rules. It also held that “conditions of recruitment” and “conditions of service” are distinct and the latter is preceded by an appointment according to rules, the former cannot be relaxed.”

Allahabad High Court

Dr. Rajeev Ranjan Misra S/O Sri ... vs The State Of U.P. Through Its ... on 30 October, 2007

Equivalent citations: 2008 (1) AWC 810

Bench: S R Alam, S Agarwal

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