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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
TRIBHUVAN DAHIYA
Bimla Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. claim for increment based on service benefits. (Para 1 , 2 , 4 , 6) |
| 2. contention from both parties regarding service benefits. (Para 3 , 8) |
| 3. court's evaluation of claims and application of rules. (Para 5 , 7) |
| 4. legal conclusion on claims made by the petitioner. (Para 10) |
JUDGMENT :
Tribhuvan Dahiya, J.
The petition has been filed inter alia seeking a writ of mandamus directing the respondents to grant the petitioner following service benefits; (i) increment under Rule 7 of the Haryana Civil Services (Revised Scale of Pay) Rules, 1980 (hereinafter referred to as 'the 1980 Rules') with effect from 02.04.1979, (ii) additional increment on account of promotion to the post of S.S. Mistress under Rule 4.4. (c) (i) of the Punjab Civil Services Rules (Volume I) Part I, as applicable to the State of Haryana (hereinafter referred to as 'the PCS Rules'), and (iii) refixation of pay with effect from 01.04.1985 under Rule 4.14 (2) of the PCS Rules, and all other consequential benefits.
2. Facts of the case in brief are:
2.1. The petitioner joined the respondent Department as a Junior Basic Training (JBT) Teacher on regular basis on 14.12.1961. She was promoted as S.S. Mistress
An employee is entitled to an increment if their juniors receive a lower pay, provided no undue advantage in promotion or pay scale is claimed.
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
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.
The proper interpretation of pay fixation rules under FR 22-B and associated rulings dictates that prior option exercised by a government servant must be adhered to, ensuring benefits are computed co....
An employee cannot claim further advance increments after promotion, as these increments are included in the basic pay upon promotion.
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