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A. S. SUPEHIA
D G THAKORE - SENIOR ASSISTANT – Appellant
Versus
MANAGING DIRECTOR -GUJARAT URJA VIKAS NIGAM LIMITED – Respondent
JUDGMENT :
1. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner has, inter alia, prayed for the following reliefs:
IN THE ALTERNATIVE;
To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent Nos.1 and 2 to act as per the government notification dated 27.02.2009 whereby government has decided to implement the revised pay scale to all its employees w.e.f. 1.1.2006 and direct t
the relief claimed in the petition, even based on the judgment in the case of Dr B.M. Gupta, is not tenable in law as there is gross delay in approaching the Court even if presuming it to be similar ....
The arbitrary introduction of a cut-off date affecting an employee's entitlement to a promotional pay scale was held to be violative of Article 14 of the Constitution.
The court upheld the authority's reduction of the petitioner's pay due to prior erroneous fixation, confirming compliance with the Central Civil Services Rules while quashing the recovery order.
The proper interpretation of pay fixation rules under FR 22-B and associated rulings dictates that prior option exercised by a government servant must be adhered to, ensuring benefits are computed co....
An employee is entitled to an increment if their juniors receive a lower pay, provided no undue advantage in promotion or pay scale is claimed.
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
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