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SANJEEV KUMAR, PUNEET GUPTA
Om Parkash Bhola – Appellant
Versus
University of Jammu – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This intra-Court appeal by the appellant is directed against judgment dated 25.10.2017 passed by a learned Single Judge of this Court [“the Writ Court”] in SWP No. 1749/2013 titled Om Parkash vs. University of Jammu and others, whereby the writ petition filed by the appellant herein seeking quashment of order No. Estab/13/3240 dated 24.05.2013 issued by the respondent-University has been dismissed.
2. Before we advert to the grounds of challenge urged by learned counsel appearing for the appellant, we deem it appropriate to set out few facts germane to the disposal of controversy raised in this appeal.
3. The appellant claimably joined the services of the respondent-University as Junior Engineer on 26.09.1965 and was promoted as Assistant Engineer in 1972 and thereafter, as Executive Engineer on 01.04.1986. After rendering more than 15 years service as Executive Engineer in the Engineering Department of respondent-University, the appellant retired on superannuation on 30.11.2001. At the time of his retirement, the appellant was holding the pay scale
Pension is a right earned by government servants, and discrimination between pre- and post-2006 retirees in pension fixation is prohibited.
Long-standing pay fixation and in-charge promotions cannot be retrospectively disturbed post-retirement without fraud, notice, or statutory authority.
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
A pensioner must fulfill specific criteria, including actual position and qualifications, to be eligible for pension revision under updated pay scales established by statutory resolutions and pay com....
The court emphasized the principle of equal pay for equal work, ruling that the petitioners were entitled to the same pay scale as their counterparts in other universities due to administrative error....
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