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2002 Supreme(All) 1011

RAKESH TIWARI
SUSHIL KUMAR GUPTA – Appellant
Versus
SECRETARY, PUBLIC SERVICE COMMISSION – Respondent


Advocates Appeared:
V.M.Sahai, YAR MOHAMMAD

RAKESH TIWARI, J.

( 1 ) THIS petition is directed against the action of respondent No. 1 in not paying salary of Personal assistant (Stenographer) to the petitioner since 28. 6. 1985, i. e. , the alleged date from which the petitioner is said to have been discharging duties of the said post.

( 2 ) THE facts of the case are that after 1974, no examination was held by the Public Service commission, U. P. , Allahabad to fill up the available posts of Personal Assistants. Since the petitioner knew short-hand and was working as Lower Division Assistant in the pay scale of Rs. 1,350-2,200 in the office of the Secretary, Public Service Commission, U. P. , Allahabad, he was directed to discharge the duties of Personal Assistant. It is alleged that in view of a note dated 25. 6. 1985 to the Secretary, the Joint Secretary made a request to allow the petitioner to work with him as he knew short-hand, and in pursuance thereof, the petitioner started doing the work of Personal Assistant in the Commission. The pay scale of the Personal Assistant was Rs. 1,600-2,900 at the relevant time. It is alleged that he is continuously working as Personal assistant and is entitled to the salary in aforesaid







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