Back
AMAN CHAUDHARY
Didar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Aman Chaudhary, J.
The above-mentioned three writ petitions are being disposed of by a common judgment, as these involve a similar issue.
2. The prayer made is to issue a writ in the nature of mandamus directing the respondents to step up the pay of the petitioners at par with their junior, who being in reserved category, have been promoted. For the sake of brevity, the facts are being extracted from CWP-4625-2016.
3. The petitioner, who belongs to the General Category, was appointed as Clerk on regular basis on 08.02.1977 and during the interregnum, one Harnek Singh, who belonged to the Scheduled Caste category, appointed as Clerk on regular basis on 09.02.1977, was granted accelerated promotion to the post of Junior Auditor on 19.05.1982, on account of which, his pay became higher. The petitioner, who was subsequently promoted, after the gap of 7 years on 01.04.1989, regained his seniority and was promoted as Superintendent Gr.-II vide order dated 20.08.2008 (Annexure P1). The petitioner was further promoted to the post of Superintendent Gr.-I vide order dated 13.11.2009 (Annexure P2), while Harnek Singh was promoted to the said post on 14.10.2011 and in the seniority lis
The court established that a senior employee's pay must be stepped up to match that of a junior if the latter's pay exceeds the former's, ensuring equality and preventing discrimination.
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
A senior general category employee reaching the same post as a junior from a reserved category is entitled to equal pay, reaffirming fairness and equality mandates under Articles 14 and 16 of the Con....
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
Entitlement of a senior employee to stepping up of pay equal to that of a junior employee, conditions for stepping up of pay, and the applicability of various judgments related to equal pay for equal....
Seniors entitled to pay stepping up if juniors draw higher pay due to extra promotion fixation, irrespective of cause.
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.
Equal pay for equal work must consider seniority, qualifications, and nature of work, establishing that discrimination against meritorious employees is unconstitutional.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
