Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Kailash Chander – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. invoking jurisdiction for compensation (Para 1) |
| 2. factual background of employment and promotions (Para 2) |
| 3. petitioner argues for equality in pay (Para 3) |
| 4. catch-up rule and constitution's equality assurance (Para 4) |
| 5. court's directive on stepping up pay (Para 5) |
JUDGMENT :
SANDEEP MOUDGIL, J
1. Prayer
The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing the impugned order dated 05.03.2020 (Annexure P-9) vide which respondents have rejected the claim of the petitioner for stepping up of his pay at par with his junior Scheduled Caste category employee namely Raghubir Singh qua the post of Revenue Clerk and Zilledar with a further prayer to issue directions to the respondents to fix the pay of the petitioner (Senior General Employee) by stepping up his pay at par with the pay of Sh. Raghbir Singh (Junior Schedule Caste Category Employee) on the post of Zilledar, in view of ‘catch-up rule’, with all consequential benefits including 18% interest on arrears.
2. Brief Facts
The petitioner, a general category employee, was initially appointed as Irrigation Booking Cler
A senior general category employee reaching the same post as a junior from a reserved category is entitled to equal pay, reaffirming fairness and equality mandates under Articles 14 and 16 of the Con....
The court established that a senior employee's pay must be stepped up to match that of a junior if the latter's pay exceeds the former's, ensuring equality and preventing discrimination.
The 'catch-up' rule and Rule 6 of the Uttaranchal Government Servants Seniority Rules, 2002 were central to the court's decision in determining the petitioner's seniority based on accelerated promoti....
The main legal point established in the judgment is that reservation in promotion and seniority is applicable based on the rules and classification of posts, and not all posts are covered under reser....
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.
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
