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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.
Senior's pay must be stepped up to match junior's in same cadre/identical posts when anomaly arises from FR 22(I)(a)(1) application and pay fixation options, per DOP&T guidelines.
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....
Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differen....
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.
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