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2001 Supreme(Ker) 484

K.S.RADHAKRISHNAN, K.BALAKRISHNAN NAIR
N. R. Kamala Devi – Appellant
Versus
The Kerala State Financial Enterprises Ltd. – Respondent


Judgment :-

Balakrishnan Nair, J.

The point that arises for consideration in this Writ Appeal is whether the drawal by the junior of higher pay than his admitted senior is arbitrary and is in violation of Article 14 of the Constitution in the facts and circumstances of the case. There cannot be any universal rule that a junior can in no circumstance draw higher pay than his senior. Where the junior is a promotee and the senior is a direct recruit to a particular cadre, the junior will be drawing higher pay. There may be a variety of similar circumstances justifying the drawal of higher pay by a junior. Therefore, the decision on the point raised by the appellant will largely depend upon the facts of this case. The minimum facts necessary for the decision of the case are the following:

The appellant joined the service of the first respondent Kerala State Financial Enterprises Ltd. As Junior Assistant on 12.3.1973. She was promoted as Senior Assistant in July, 1978 and further promoted as Executive Assistant (now designated as Junior Executive) on 6.5.1982 by Ext.P1 order. Later, she was promoted as Manager on 29.8. 1994. One Mr. Kasim Pillai who joined the service of the first respond


























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