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Sanjay Kumar Upadhyay – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appeal raises issues of pay scale entitlement. (Para 1 , 2) |
| 2. anomalies in pay scales based on recruitment. (Para 3 , 4 , 5) |
| 3. previous judgments supported employee’s claims. (Para 6 , 7 , 8) |
| 4. arguments for parity in pay scale presented. (Para 11 , 12 , 13) |
| 5. court analyzes application of prior judgments. (Para 14 , 15) |
| 6. binding effect of previous judgments considered. (Para 16 , 17) |
| 7. legislative intent for continuity in judicial authority. (Para 18 , 19 , 20) |
| 8. judicial discipline demands adherence to precedents. (Para 22 , 23) |
| 9. understanding of continuing cause of action. (Para 24 , 25 , 26) |
| 10. equal treatment of similarly situated individuals affirmed. (Para 28 , 29) |
| 11. constitutional guarantees enforced against discrimination. (Para 30 , 31) |
| 12. judgment restored and compliance mandated. (Para 32 , 33) |
JUDGMENT :
J.K. Maheshwari J.
1. Arising out of the judgment dated 30.03.2022 passed in LPA No. 269 of 2012 wherein the judgment dated 14.12.2011 of the learned Single Judge in W.P. (S) No. 5743 of 2005 was set-aside by Division Bench of the High Court of Jharkhand at Ranchi, the present appeal has been preferred by the Employee. The dispute between the parties
(1) Doctrine of delay and laches do not apply to a continuing cause of action.(2) Pay Scale – Parity – Financial implications and administrative convenience cannot override constitutional guarantees ....
Similarly situated employees entitled to notional revised pay scales w.e.f. 01.01.1996 per 5th CPC anomaly rectification; actual benefits from 21.04.2004; parity violations under Article 14 extend ju....
Similarly situated employees entitled to notional pay fixation w.e.f. 01.01.1996 and actual benefits from 21.04.2004 under 5th CPC upgradation; prior judgments in rem mandate parity despite delay in ....
Similarly situated central tax inspectors/superintendents entitled to revised pay scales notionally from 01.01.1996, actual benefits from 21.04.2004, based on parity, Article 14, and precedents; dela....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
Inspectors entitled to notional pay upgradation w.e.f. 01.01.1996 and actual benefits from 21.04.2004 based on anomaly committee and parity with similarly situated employees; prior judicial orders bi....
Similarly situated employees entitled to uniform notional pay fixation from 01.01.1996 under 5th CPC anomaly rectification, with actual benefits from 21.04.2004; prior judgments in rem mandate parity....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
Inspectors/Superintendents entitled to notional revised pay scales w.e.f. 01.01.1996 and actual benefits from 21.04.2004 on parity grounds; prior judgments in rem apply to similarly situated employee....
Inspectors/Superintendents in Central Tax entitled to notional pay scale upgradation w.e.f. 01.01.1996 and actual benefits from 21.04.2004, based on parity, Article 14, and in rem precedents; delay n....
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