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KALYAN RAI SURANA
Jatin Chandra Basumatari, S/o Phukan Chandra Basumatari – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned standing counsel for the Finance Department, representing respondent nos.1 and 5. Also heard Mr. R. Bora, learned counsel appearing on behalf of Mr. P.N. Goswami, learned Standing counsel for the Public Health Engineering Department, representing respondent nos.2 to 4.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has claimed for the following reliefs:
(ii) Set aside the order dt. PHED-227/98/41 dt. 23/11/2007 passed by the Finance Department;
(iii) Set aside the Order No.PHE-209/Estt./98 dt. 07/06/2013 and dated 08/08/2013 passed by the Chief Engineer (PHE);
(iv) Set aside the Office Order No.05 dt. 03/07/2013; order No-18 dated 26/08/2013 passed by the Addl. Chief Engineer (PHE), Barak Valley Zone.
(v) Issue writ of Mandamus directing the respondents to refund the recovered amount Rs.3,71,358/-;
(vi) Direct the respondents not to r
Point of Law : Article 16(4)(A) enables State to make provision for reservation with consequential seniority.
Point of Law : Article 16(4)(A) enables State to make provision for reservation with consequential seniority.
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.
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
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....
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