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HARSIMRAN SINGH SETHI
Shamsher Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. application to recall order for revival of petition. (Para 1 , 2) |
| 2. impleading legal representative of deceased petitioner. (Para 3 , 4 , 5) |
| 3. petitioner's claim for pay stepping up based on seniority. (Para 8 , 9 , 10 , 11) |
| 4. respondents' argument regarding differing cadres. (Para 12 , 19) |
| 5. analysis of seniority list and promotions. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 6. directions to grant stepping up of pay to petitioner. (Para 20) |
| 7. conclusion that petition is allowed. (Para 21 , 22) |
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
CM-12389-CWP-2023
Present application has been filed for recalling the order dated 24.07.2023 by which, the writ petition was dismissed for want of prosecution with liberty to the legal heirs of the petitioner to revive the petition by filing an appropriate application.
2. Keeping in view the fact that the application is filed by the legal heirs for the revival of the present petition, the order dated 24.07.2023 by which the present petition was dismissed for want of prosecution, is recalled and the petition is restored to its original number and status.
CM-12392-CWP-2023
3. Present application has been filed for impleading legal represen
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.
Senior entitled to pay stepping up under FR 22 to match junior in same cadre despite different entry; refixation without hearing violates natural justice.
Junior employees cannot receive more benefits than seniors; the Administrative Department must rectify pay anomalies appropriately, especially impacting pension calculations.
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
Senior not entitled to pay stepping up against juniors' higher pay from prior ad hoc promotions and increments where senior ineligible for ad hoc service; anomaly must stem directly from pay fixation....
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