K. MANMADHA RAO
B. gane Naik – Appellant
Versus
Union Of India – Respondent
ORDER :
(K. Manmadha Rao, J.) :
WP No.23997 of 2020 is filed under Article 226 of Constitution of India for the following relief:
WP No.23938 of 2020 is filed under Article 226 of Constitution of India for the following relief:
The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
A subordinate legislation, such as a CIL Circular, must be interpreted in consonance with the statutory Rules governing the same issue, and that the statutory Rules would have precedence.
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
The principle that a senior employee cannot receive less pay than a junior is upheld, prompting the court to direct equal pay adjustments based on established seniority and promotion timelines.
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