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S. N. PATHAK
Surendra Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. Though the petitioner has approached this Court with multiple prayers, but during course of hearing, learned counsel for the petitioner confines his argument only on the point that the petitioner should get the difference of salary for the period from 31.12.2013 to 5.2.2015 when he was working as in-charge Deputy Director (Drugs), Drugs Control Directorate, Ranchi (minus the benefits accrued on grant of 2nd MACP with effect from 20.5.2014) and from 5.2.2015 till his superannuation on 30.09.2021 when he was working as In-charge Joint Director, Drugs Control Directorate, Ranchi, as also the consequential pensionery benefits.
3. Brief facts of the case are that the petitioner was appointed as Drug Inspector on 19.5.1994. As per Jharkhand State Drug Control Service (Appointment & Service Condition) Rules, 2011, the Kalawadi for promotion to the next higher post in the cadre of the Drug Inspector was stipulated as five years for each post. However, the Government by Resolution contained in Memo No. 10483(3) dated 24.10.2014, relaxed the said Kalawadi to one year, provided the concern employee has completed 20 years of service and further if posts are vac
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.
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.
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