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HARSIMRAN SINGH SETHI
Jai Narain Sharma – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) -
CM-13095-CWP-2022
As prayed for, application is allowed.
Replication to the written statement filed on the behalf of the respondents No.1 to 3 is taken on record.
Main Case
In the present petition, the claim which is being raised by the petitioner is that the Petitioner is entitled for the grant of benefit of step up of his pay equivalent to that of his direct recruit junior namely, Manoj Kumar, who was appointed in the cadre of clerk after the Petitioner but was drawing higher salary than the Petitioner.
2. As per the facts mentioned in the writ petition, Petitioner was initially appointed on Class-IV post of Waterman on 02.05.1975. The petitioner was further promoted as Clerk on 24.05.1996. It has been further mentioned that one Manoj Kumar, who was directly recruited on 27.12.1996 in the cadre of clerk i.e. after the Petitioner was promoted as clerk, was drawing higher salary than the Petitioner, details of the salary being drawn by the Petitioner as well as said Manoj Kumar have been depicted in para-13 of the present writ petition.
3. A bare perusal of para-13 of the writ petition would show that starting from 04.03.2014 onwards, the sa
Under Haryana Civil Services (Assured Career Progression) Rules, 2016, a senior employee can have their pay stepped up to match a junior's salary despite prior financial upgradations.
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
Seniors are entitled to pay parity with juniors unless the junior's higher pay is due to advance increments or similar exceptions, which were not established in this case.
Seniors entitled to pay stepping up if juniors draw higher pay due to extra promotion fixation, irrespective of cause.
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