IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Vijay Bishnoi, N. Unni Krishnan Nair
Union of India Rep. By The Secretary, Govt. Of India, Ministry Of Finance, Deptt. Of Revenue, North Block, New Delhi – Appellant
Versus
Manish Kumar Shah S/O. Shri Karuna Sindhu Shah – Respondent
JUDGMENT :
N. Unni Krishnan Nair. J.
Heard Mr. S. C. Keyal, learned Standing Counsel, Income Tax Department appearing for the petitioners. Also heard Mr. A. Ahmed, learned counsel appearing for the sole respondent.
2. The petitioners, by instituting the present writ petition has presented a challenge to an order dated 14.03.2019, passed by the learned Central Administrative Tribunal, Guwahati Bench in Original Application being O.A. No. 344/2017.
3. The sole respondent herein was initially appointed as a Junior Hindi Translator on 01.01.2000 in 42 Wing Indian Air Force. The respondent had thereafter, participated in a selection process through the Staff Selection Commission for recruitment as a Senior Hindi Translator. On being selected in the recruitment exercise, the respondent was vide order dated 18.12.2008, appointed to the post of Hindi Translator, in the scale of pay of Rs. 9,300-34,800/- plus Grade Pay of Rs. 4,000/- in the Income Tax Department, North-Eastern Region, Shillong. The respondent, on being released from his services in the Indian Air Force, joined as Senior Hindi Translator on 29.01.2010 in the establishment of the Chief Commissioner of Taxes, Shillong. The respond
Administrative decisions must be supported by adequate reasoning to ensure fairness and legality; lack of reasons renders such decisions unsustainable.
Junior Hindi Translators in pre-revised Rs.5500-9000 scale not entitled to Grade Pay Rs.4600/- w.e.f.01.01.2006 under 6th CPC/OMs dt.24.11.2008 & 13.11.2009, as pre-condition requires Rs.6500-10500 s....
The court affirmed that government employees are entitled to Grade Pay based on accumulated service years, consistent with prior judicial decisions, despite classifications of functional and non-func....
The court held that a candidate's willingness to serve at a lower Grade Pay must be honored, and withdrawal of an offer without allowing for necessary documentation is improper.
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