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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
Manoj Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
G.S. Sandhawalia, Chief Justice
Present writ petition challenges the order of Central Administrative Tribunal in O.A. No.063/00139/ 14, titled as Manoj Kumar Versus Union of India and others [Annexure P-12], decided on 14.12.2015, except the relief claimed for setting aside of order dated 18.12.2012 [Annexure A-1], subject matter wasnot interfered with. Primarily the ground was that the Grade Pay of the petitioner was more than Rs.2,000/- and since the petitioner himself made a prayer that this condition should not be imposed that a person having higher Grade Pay should be considered for the post of Security Assistant and he be allowed to work in the Ministry of External Affairs, the Central Administrative Tribunal came to the conclusion that it was a condition as per the Rule. Therefore, it was held that the Department could not be directed to modify or increase the condition and it could only pay Security Assistants as per the Rules. The petitioner having been drawing higher Grade Pay had not expressed any interest in serving in the Ministry of External Affairs at the prescribed Grade Pay of Rs.2,000/- and, therefore, he could not be considered for appointment as Securit
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.
Administrative decisions must be supported by adequate reasoning to ensure fairness and legality; lack of reasons renders such decisions unsustainable.
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....
Employees are entitled to financial upgradation under the MACP scheme based on their service length, regardless of subsequent restructuring of their positions.
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
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