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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
State of Jharkhand – Appellant
Versus
Bipin Bihari Singh, S/o Late T. R. Singh – Respondent
ORDER :
Shree Chandrashekhar, J.
The State of Jharkhand is in appeal against the order dated 21st March 2014 passed in W.P.(S) No.977 of 2012.
2. By the order dated 21st March 2014, the writ Court accepted the claim of the writ petitioner (hereinafter referred to as “respondent”) that he is entitled for the arrears of salary accrued on account of his substantive promotion with retrospective dates on the post of Deputy Director, Mines as well as Additional Director, Mines.
3. In the present appeal, the aforesaid order passed in W.P.(S) No.977 of 2012 was stayed by this Court by the order dated 13th March 2018.
4. Briefly stated, the respondent who was working on the post of District Mining Officer, Dumka was transferred and posted as Deputy Director, Mines by an order dated 15th December 1999. The respondent was given additional charge of the post of Additional Director, Mines by notification dated 31st July 2000 and he assumed charge of the said post which is evident through charge report dated 31st July 2000. The respondent was promoted on the post of Deputy Director, Mines w.e.f 15th November 2000 and on the post of Additional Director, Mines w.e.f 15th November 2004 with retrospectiv
The importance of judicial discipline and the binding effect of judgments, even if they have been set aside by a higher court, on the later Bench of coordinate jurisdiction.
The main legal point established in the judgment is that the law in force at the time of eligibility for financial upgradations shall govern the entitlement of the employee, and there are limitations....
The main legal point established in the judgment is that the power of review can only be exercised if provided under the Statute, and decisions should not be recalled unilaterally and arbitrarily onc....
Prolonged in-charge postings entitle an employee to the difference of salary, and an unfair and unreasonable contract in service jurisprudence cannot stand in the eye of law.
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