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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
TRIBHUVAN DAHIYA
Bimla Sharma – Appellant
Versus
State of Haryana – Respondent
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 on officiating basis vide order dated 28.01.1985, and superannuated from service as such on 31.07.1997. During service, she acquired higher qualification of B.A. Part-I on 13.06.1972. She, thereupon, approached this Court by filing CWP No.6187 of 1995 seeking higher pay scale of Rs. 220-400
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.
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 ....
The main legal point established in the judgment is the entitlement of higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
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