Dismissed

Ram Swaroop Joshi v. Union of India and Ors.

Rajasthan HC5 Sept 2018CW/2810/2014

Case brief

AI extract

What is this about?

Dismissing a writ petition, the Court held that a salary disparity where a junior received more pay than a senior arose from the fixation of pay in a new scale, not promotion rules. The petitioner failed to benefit from a deferred increment and thus receives lower pay.

What did the court decide?

The writ petition seeking a step-up in pay based on the junior officer's revised pay-scale is dismissed.

Ram Swaroop Joshi Vs Union of India and Ors. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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D.B. Civil Writ No. 2810/2014

Ram Swaroop Joshi

----Petitioner

Versus

Union Of India And Ors.

¶7

----Respondent

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For Petitioner(s) : Mr. Dinesh Ojha. For Respondent(s) : Mr. Vipul Singhvi.

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HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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05/09/2018

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Heard learned counsel for the parties.

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Case of the writ petitioner is that concededly Ramesh Chand was junior to him and thus as per the petitioner his pay needs to be stepped up on the principle that a junior cannot receive salary more than the senior. Counsel cited the decision reported as (2009) 1 SCC (L&S) 578 Gurcharan Singh Grewal & ors. vs. Punjab State Electricity Board & ors .

¶14

The decision is an authority on the point on which it is rendered keeping in view the facts of the case. The decision of the Supreme Court concerns an anomaly when difference in increments in the scale resulted in a junior getting more pay than the senior.

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In the instant case what has happened as noted by the Tribunal that the writ petitioner earned a promotion on 17.11.1995. He sought for and was granted one increment in the pay-scale applicable i.e. ₹800-1150. Ramesh Chand was to be

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[CW-2810/2014]

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(2 of 2)

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promoted on 22.11.1995 but due to being on leave he joined on 18.02.1996. By then the revised pay-scale of ₹ 2550-3200 had come into being. Thus, the benefit of the increment granted to the Ramesh Chand Soni was in the revised pay-scale. It is apparent that the petitioner did not opt for date of his increment to be deferred. If he done so he would be got same benefit as Ramesh Chand Soni.

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The Tribunal has correctly noted that that the anomaly is not on account of promotion but on account of the fixation of pay in the new pay-scale.

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The writ petition is dismissed.

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(Dr. PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ

¶22

Ashutosh

Ram Swaroop Joshi v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Ram Swaroop Joshi v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

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