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SHARAD KUMAR SHARMA
Chetpal Giri – Appellant
Versus
State of Uttarakhand, Irrigation Department, through its Secretary, Secretariat – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
Though, this matter is listed today on an Urgency Application, being IA/11955/2022, which has been preferred by the petitioner, but with the consent of the parties to the Writ Petition itself, the same is being heard finally on its own merit.
2. In almost all the writ petitions, which are connected with this bunch matters, the petitioners have sought a writ of mandamus, commanding the respondents, to grant them upgraded grade pay of Rs. 2800/- to Rs. 4200/- by extension of the benefit as contemplated as per the Government Order dated 5th October 2015, as it had been issued by respondent No. 1, as well as a consequential Government Order, which had been issued in compliance thereto, i.e. Government Order dated 28 October 2016.
3. Simultaneously, they have also prayed for, that after the determination of the upgraded pay scale, based on the two Government Orders, they may also be paid with the interest, which would be due to be paid to them with effect from the date, when the other similarly placed employees were already extended with the benefit of grant of upgradation of the pay scale.
4. Brief facts of the case are, that the petitioners contended that
The main legal point established is that once a benefit is extended, the party is estopped from denying it later, and financial constraints are not a valid reason to deny rightful dues.
Denial of notional pay scale upgradation w.e.f. 01.01.1996 to Inspectors/Superintendents, when granted to comparable accounts cadres, violates Article 14 equality; uniform notional benefits mandated ....
Applicants entitled to Grade Pay of Rs.5400 after four years in Grade Pay of Rs.4800 as per established precedent.
Similarly situated employees entitled to notional pay fixation w.e.f. 01.01.1996 and actual benefits w.e.f. 21.04.2004 per 5th CPC upgradation; prior parity judgments apply in rem, not personam; no l....
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