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2022 Supreme(SC) 302

AJAY RASTOGI, SANJIV KHANNA
Odisha State Financial Corporation – Appellant
Versus
Odisha State Financial Corporation Employees Union – Respondent


Advocates appeared:
For the Petitioner(s):Shibashish Misra, Advocates
For the Respondent(s):Vaibhav Manu Srivastava, Mahesh Srivastava, Azad Bansala, Siddhartha Srivastava, Prakriti Ratogi, Kavita Bhardwaj, Mohit Kaushik, Anindita Pujari, Advocates

JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. The instant appeal has been preferred by the Odisha State Financial Corporation assailing the judgment of the Division Bench of the High Court dated 31st January, 2019 directing the Corporation to pay the arrear benefits under the revised scale of pay from 1st April, 2012 in terms of the decision of the Board of Directors of the Corporation.

3. The brief facts of the case culled out from the record are that the appellant is a statutory corporation, namely, Odisha State Financial Corporation (for short “OSFC”). The State Government constituted a Fitment Committee in Finance Department Resolution dated 9th September, 2008 to examine revision in the pay scale of the State Government employees and on the recommendations made by the Committee constituted by the Government vide notification dated 16th December, 2008, revised scales of pay were introduced for the State Government employees.

4. After the revised scales of pay were introduced by the Government of Orissa for the State Government employees, as usual, there was a demand for revision of pay as per recommendations of 6th Central Pay Commission by the State Public Sector Undertakings (h

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