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HARSIMRAN SINGH SETHI
Haryana Dairy Development Co-Operative Federation Ltd – Appellant
Versus
Raghbir Singh – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
By this common order, two Regular Second Appeals, the details of which have been given in the heading of the order, are being disposed of as both the appeals involve the same question of law on similar facts.
CM-107-C-2023 in RSA-31-2023
2. As prayed for, the application is allowed.
3. Present Regular Second Appeal has been filed against the order of the lower Appellate Court dated 02.09.2022 by which, the judgment of the trial Court has been set aside and the suit filed by the respondent-plaintiff has been allowed so as to grant him the benefit of first higher standard pay scale w.e.f. 16.11.1995 and second ACP scale w.e.f. 16.11.2005 with the consequential relief of pay and retiral benefits including the gratuity, leave encashment, pension etc., along with arrears of pay with interest @ 9% per annum.
4. Before adverting to the ground being raised by the appellants to challenge the judgment of the lower Appellate Court, it may be noticed here that the respondent-plaintiff was initially appointed with the Haryana Dairy Development Corporation, which Corporation was subsequently converted into Haryana Dairy Development Cooperative Federation L
Authorities have discretion to correct financial discrepancies in pay, yet wrongful promotions may negate claims for additional benefits like A.C.P. confirmations.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their resp....
Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.
The arbitrary introduction of a cut-off date affecting an employee's entitlement to a promotional pay scale was held to be violative of Article 14 of the Constitution.
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