IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Rajinder Kumar - – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jiya Lal Bhardwaj, J.
By way of the present writ petition, the petitioner has prayed for the following substantive reliefs:-
“(i) That a writ in the nature of certiorari may be issued and Annexure P-5 dated 23.04.2009 may kindly be quashed and set aside.
(ii) That a writ in the nature of mandamus may be issued directing the respondents to fix the pay of the petitioner as per the provisions of FR 22(1) (a) (I) at Rs.6600/- as on 21.06.2007 with all consequential benefits of pay arrears, seniority etc. etc. along with interest @9% PA.
(iii) That a writ in the nature of mandamus may kindly be issued directing the respondents to grant the benefit of past service as rendered by the petitioner in the previous department for the purpose of promotion to the of either Headmaster or Lecturer (Maths) and in the alternative, at least petitioner may very kindly be granted the benefit of seniority from the year 1997 when he passed M.Sc. (Maths) as the similar treatment is given to all serving incumbents in the respondent department.”
2. The precise grievance as raised in the writ petition is that the petitioner was earlier appointed as a Constable in the Himachal Pradesh Police Department
Appointment to higher post with greater duties and responsibilities, evidenced by higher pay scale, entitles government servant to pay fixation under FR 22(I)(a)(1) with one increment, not FR 22(I)(a....
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....
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
The proper interpretation of pay fixation rules under FR 22-B and associated rulings dictates that prior option exercised by a government servant must be adhered to, ensuring benefits are computed co....
Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.
The court's decision was based on the interpretation of Fundamental Rule 22(1)(a)(1) and the application of the law laid down by the Hon’ble Apex Court in similar cases.
The main legal point established in the judgment is that the entitlement to additional increment upon promotion is determined by the relevant rules and resolutions, and misinterpretation of these rul....
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
Stepping up of pay is applicable when a senior employee is paid less than a junior in the same cadre and pay scale.
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