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PUSHPENDRA SINGH BHATI
Amar Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(Pushpendra Singh Bhati, J.)
This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(i) the order dated 10/12/2018 (Annex.10) may kindly be quashed and set aside;
(ii) the respondents may kindly be directed to revise the order dated 26/04/2016 (Annex.3) qua petitioners and the action of the respondents, in granting the petitioners second selection grade on completion of 18 years of service of the post of Assistant Sub Inspector (A.S.I.) may be directed to be treated illegal and consequently, respondents may kindly be directed to grant and release benefits of second selection grade in the grade pay of the post of Sub Inspector (S.I.) from the date of completion of 18 years of service alongwith arrears of salary with interest @ 12% p.a.;
(iii) any other appropriate writ, order or direction, which this Hon'ble Court may deem fit and appropriate in favour of the petitioner may also kindly be passed in the interest of justice; and
(iv) cost of litigatio
The denial of pay scale benefits to petitioners after 18 years of service is unjustified; they are entitled to the pay scale of Sub-Inspector as per M.T. Cadre.
The principle of 'Equal Pay for Equal Work' was applied, emphasizing that employees holding the same rank performing similar functions and discharging similar duties and responsibilities should be tr....
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.
The main legal point established in the judgment is the entitlement of the petitioner, as a diploma holder, to the grade of Rs.5700-10100 retrospectively from the date of his initial appointment, emp....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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