LawforAll

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Saturday, September 14, 2024

Service Law – Revised Pay Scale Rules, 2008 – Constitution of India – Article 12, 14, 16 – “authority” under Article 12 – Claim for pensionary benefits under the 6th CPC, by the appellants-Saving Scheme Deposits (SSD) employees appointed as Junior Accountant, Accountant, UDC, LDC on running pay scales to manage the Compulsory SSD Fund of the Special Frontier Force (SFF) – Denied – Duties of the appellants, if were similar to those of regular employees in the Accounts Section of SFF HQ Estt.No.22 and thus, were they entitled to the pensionary benefits under the 6th CPC and denial thereof was unjustified:

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Service Law – Incentives – Grant of two advance increments on acquiring Ph.D. degree to Scientists in Agricultural Research Service – Employees working on the technical side in the Agricultural Research Service seeking the same benefit – Allowed by the tribunal and the High Court – Correctness:

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Constitution of India – Art. 16 (1), (4) – Reservation for the persons with disabilities – Direct recruitment to the cadre of Civil Judge – Appellants, suffering from disabilities participated in the selection process under the disabled category and were declared unsuccessful in Preliminary examination – In the results declared, the cut off marks shown for each of the categories mentioned in the advertisement, however did not show for the category of persons with benchmark disabilities – Aggrieved thereagainst, writ petition by the appellants, dismissed by the High Court – Legality of: Held: No illegality or infirmity in the impugned judgments and orders passed by the High Court

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Gujarat Civil Services (Pay) Rules, 2002 – Rule 21 – Stepping up of pay – Assistant Professors in Government Colleges in Gujarat – Applicability of: Held: Rule of stepping up shall apply only if the anomaly is the direct result of the application of Rule 21 and only if the conditions specified therein are fulfilled – One of the condition stipulates that if even in the lower post, the junior Government employee draws a higher rate of pay than the senior, by way of fixation of the pay or by grant of advance increments, the same shall not be applicable to step up the pay of the senior Government employee – In the present case, the anomaly in pay is not a direct result of Rule 21 – Rather, the anomaly arose because of the fact that the Junior employees were granted the benefit of Senior Scale/Selection Grade Pay by taking into account the ad hoc services that they had rendered in the past – Hence, Rule 21 became inapplicable in the present case – Stepping up of pay in the present case would go against the principle of equity as the benefit cannot be given to those who were not even born in the cadre, for claiming benefits for the service that they have not actually rendered. [Paras 31, 32, 33]

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