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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Yogeshwar Singh Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
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| 1. juniors' earlier degrees enabled adhoc promotions, increments. (Para 5 , 6) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Yogeshwar Singh Thakur, a retired Veterinary Officer filed Original Application No. 335 of 2016 before Learned State Administrative Tribunal and upon abolition of Tribunal and transfer of the matter to this Court, as CWPOA No. 7729 of 2019, seeking the following relief(s):-
(i) That the respondents may kindly be directed to give step up in the pay of applicant to bring him at par to that juniors, respondent No. 3 and 4 w.e.f. due date that is the date from which the anomaly has arisen and the arrears accrued may kindly be ordered to be paid with the interest.
FACTUAL MATRIX:
2. Case set up by Learned Counsel is that the petitioner was initially appointed as Veterinary Stockiest in department of Animal Husbandry on 24.04.1982 and was appointed promoted as Veterinary Officer on regular basis in pay scale of Rs.7880-13500 [pre-revised] on 11.09.2009 [Annexure A-1].
Grievance of the petitioner is that the Respondents No. 3 and 4, who were appointed as Veterinary Officer on regular basis alongwith the petitioner on 11.09.2009 [Annexure A-1] were given higher
Senior not entitled to pay stepping up against juniors' higher pay from prior ad hoc promotions and increments where senior ineligible for ad hoc service; anomaly must stem directly from pay fixation....
The principle that a senior employee cannot receive less pay than a junior is upheld, prompting the court to direct equal pay adjustments based on established seniority and promotion timelines.
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....
Rule 21 of the Gujarat Civil Services (Pay) Rules, 2002, does not apply when the pay anomaly is not a direct result of its application, particularly when the higher pay of juniors is due to prior ad ....
A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
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....
Senior's pay must be stepped up to match junior's in same cadre/identical posts when anomaly arises from FR 22(I)(a)(1) application and pay fixation options, per DOP&T guidelines.
Senior entitled to pay stepping up at par with junior in same cadre under FR 22 when no DoP&T exceptions apply, removing pay anomaly.
Seniors are entitled to pay parity with juniors unless the junior's higher pay is due to advance increments or similar exceptions, which were not established in this case.
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