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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Punjab – Appellant
Versus
M. K. Bandlish – Respondent
| Table of Content |
|---|
| 1. employment and pay scale revision rules established. (Para 2 , 3) |
| 2. entitlement to increments under revised pay rules. (Para 4 , 5 , 6) |
| 3. contentions regarding interpretation of 'pattern' vs 'recommendation'. (Para 7 , 8 , 9) |
| 4. comparison of pay scales between ugc recommendations and state revisions. (Para 12 , 13 , 14 , 15) |
| 5. distinction in entitlement based on actual pay scales and classifications. (Para 16 , 17) |
| 6. appellate court's conclusion and partial allowance of appeal. (Para 18) |
JUDGMENT
M.S. Ramachandra Rao, J. (Oral)
This Letters Patent Appeal is preferred against the order dt.04.04.2016 passed in CWP 2645-1995 by learned Single Judge of this Court.
CWP-2462-1995 filed by the respondents
2. The Writ Petition had been filed by the writ petitioners, who are working as Professors, Assistant Professors and Senior Lecturers in the Government Medical Colleges, who are governed by the Punjab Medical Education State Services (Class-I), Rules 1978 and Class II Rules 1979. They had all been promoted from the posts of Medical Officers, Senior Medical Officers to which they were initially appointed to the said posts after 01.01.1986.
3. The State of Punjab revised the
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
The main legal point established in the judgment is that the applicability of pay scales is determined by the specific rules and eligibility criteria for different posts, and the doctrine of equal pa....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
It is well settled that normally the courts should not interfere with recommendations of an expert body, as it is exclusive domain of State to decide pay scales to be paid to a particular class/categ....
The court ruled that UGC guidelines for pay revision were effective from September 1990, entitling the petitioner to the revised pay scale from that date.
the relief claimed in the petition, even based on the judgment in the case of Dr B.M. Gupta, is not tenable in law as there is gross delay in approaching the Court even if presuming it to be similar ....
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