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VIJAY BISHNOI, KAUSHIK GOSWAMI
Nirab Chandraadhikary S/o Shri Tarini Mohan Adhikary – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
VIJAY BISHNOI, C.J.
1. The instant writ appeal is preferred by the appellant/writ petitioner being aggrieved with the judgment and order dated 03.01.2023 passed by the learned Single Judge in WP (C) No. 3272/2018.
2. The appellant approached the Writ Court with a prayer to issue direction to the respondents to fix his pay in the Pay Band-3 and grant him Pay Scale of Rs.15,600-39,100/- along with Grade Pay of Rs.5,400/- with effect from March, 2009. The appellant also prayed to issue a direction to the respondents to pay the arrear of the salaries to him in the revised Pay Scale of Rs.15,600-39,100/-and grade pay of Rs.5,400/- from March, 2009.
3. The learned Single Judge, after hearing the learned counsel for the parties, has dismissed the writ petition vide impugned judgment and order dated 03.01.2023.
4. Assailing the impugned order dated 03.01.2023, the learned counsel appearing for the appellant has argued that the learned Single Judge has erred in concluding that the respondents have rightly fixed the Pay Band of appellant/writ petitioner at Rs.9,300-34,800/- with grade pay of Rs.4,800/- at the time of absorption as a Central Government employee i.e. from 09.03.2009.
5. I
The court ruled that pay fixation must adhere to applicable rules, and claims for parity must consider distinct recruitment modes.
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 court established that the principle of equal pay for equal work does not apply rigidly when different qualifications and job responsibilities exist, and that the government has the discretion to....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
The court affirmed that salary fixation must adhere to statutory rules, resolving errors related to initial pay and advance increments, ensuring equitable adjustments without undue recovery demands.
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