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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SUBHASH CHAND
Manoj Kumar S/o Shri Amir Singh – Appellant
Versus
Steel Authority of India Limited – Respondent
| Table of Content |
|---|
| 1. nature and purpose of review petitions. (Para 1 , 2) |
| 2. appointment authorization and claim for salary. (Para 3 , 4 , 5 , 6) |
| 3. response and counterarguments concerning post classification. (Para 8 , 10 , 20) |
| 4. court's observation on entitlement issues. (Para 12 , 14 , 15) |
| 5. arguments about salary entitlement. (Para 21 , 22) |
| 6. grounds for review under cpc. (Para 28 , 33 , 34 , 36) |
| 7. jurisdictional principles on reviews. (Para 39 , 40 , 55) |
| 8. final ruling on salary entitlement. (Para 62) |
| 9. final order on review petitions. (Para 66 , 67 , 68) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The Civil Review No.42 of 2023 and Civil Review No.43 of 2023 have been filed on behalf of the Steel Authority of India Limited (in short, SAIL), the respondent made in W.P.(S) No.1720 of 2017 and W.P.(S) No. 2386 of 2017 and the Civil Review No.100 of 2023 and Civil Review No.101 of 2023 have been filed on behalf of the writ petitioners i.e. the employees concern in the said writ petitions.
2. The jurisdiction conferred to this Court under Article 226 of the Constitution of India has been invoked for review of the order dated 10.04.2023 to the extent that the direction has been passed by the w
Review petitions can only correct apparent errors on record; they cannot rehash previously settled arguments. Employees are entitled to executive pay scales when performing duties of a higher post, d....
The power of review is limited to correcting patent errors, not re-evaluating merits; mere recommendations do not confer enforceable rights.
Review jurisdiction is limited to correcting errors apparent on the record and does not allow for re-examination of the merits of a case.
Tribunal cannot grant higher promotional pay scale to one cadre's employees matching another distinct cadre's juniors by one-time parity, as it exceeds jurisdiction absent Article 14 violation from r....
The method of appointment, whether by promotion or transfer, is crucial in determining the entitlement to a higher scale of pay as Time Bound Higher Grade, as stipulated in the Pay Revision Order.
Doctrine of equal pay for equal work is not an abstract doctrine and is capable of being enforced in a Court of law i.e. equal pay must be for equal work of equal value.
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
Review jurisdiction is strictly limited to apparent errors in the record or new evidence; acceptance of a reduced pay scale upon appointment restricts subsequent claims for higher pay.
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