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P. B. BAJANTHRI, PURNENDU SINGH
Akhileshwar Prasad – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—Heard learned counsels for the respective parties.
2. In the instant appeal, appellants have assailed the order of the learned Single Judge dated 18.02.2016 passed in C.W.J.C. No. 4501 of 2014.
3. The appellants are in the cadre of Personal Assistants and they were appointed during the intervening period from the year 1978 to 1986.
4. On 01.03.1977 holders of the post of Stenographers Grade I and Grade II had the benefit of passing certain examination. Such of those Stenographers Grade I and Grade II who have passed their examination, their services were merged with Personal Assistants with effect from 01.03.1977. The second class of persons are those who were directly recruited to the post of Personal Assistants (petitioners/appellants). Third class of persons are such of those who were initially appointed as Steno Typist were required to pass certain examination in order to have the benefit of merger with the Personal Assistants’ cadre. The Steno Typist who have not passed examination in order to have the benefit of merger with the Personal Assistants’ cadre were given upgradation on 07.08.1987. Therefore, source of recruitment to the post of Personal Assistants
Removal of pay anomaly by stepping-up pay scale of seniors is justified.
Inconsistent employment statuses disallow consideration for pay stepping up; claims must adhere to specific statutory provisions and conditions.
Promotees entitled to direct recruit entry pay if recruitment rules provide for direct recruitment, correcting pay anomaly.
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
Retired employees entitled to second ACP in Rs.8000-13500 w.e.f. date of SSS cadre restructuring (12.02.2002) upon completing 24 years service, as non-functional scales ignored and benefits granted i....
Erroneous ACP financial up-gradation can be withdrawn upon pay scale revision confirming substantive promotion from LDC to Junior Accountant.
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