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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Rajinder Kumar - – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. claim for fr 22(i)(a)(1) increments and parity (Para 1 , 5 , 6 , 7) |
| 2. service history and undisputed transfer to tgt post (Para 2 , 3 , 4 , 11) |
| 3. defence via fr 22(i)(a)(2) and cadre distinction (Para 8 , 9) |
| 4. framing issue on fr 22 applicability (Para 10 , 12) |
| 5. higher scale implies greater duties responsibilities (Para 13 , 14) |
| 6. fr 22(i)(a)(1) prevails over fr(2); direct entitlement (Para 15 , 16 , 17 , 18) |
| 7. sc confirms fr 22(i)(a)(1) for higher posts (Para 19 , 20) |
| 8. quash fixation; direct pay per fr 22(i)(a)(1) (Para 21 , 22 , 23) |
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
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....
Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differen....
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