State Of Haryana & Ors vs Devinder Singh Rawat & Ors
- Citation2009 SCC OnLine SC 47
Ratio decidendi
The rule this decision rests on
Where a case involves the revision of pay scales and the fixing of Additional Cadre Posts (ACP) scales for government employees, and the circumstances are substantially similar to those decided in Commissioner and Secretary to Government of Haryana v. Ram Sarup Ganda (2006 (12) SCALE 440), the decision in that earlier case shall govern and be applied to the instant case. The applicability of the principle does not depend on the identity of the parties or the precise dates involved, but on the substantial similarity of the subject matter concerning pay scale revision and ACP fixation.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
STATE OF HARYANA AND ORS. ... APPELLANT(S)
:VERSUS:
DEVINDER SINGH RAWAT AND ORS. ... RESPONDENT(S)
ORDER
Leave granted.
This case appears to be covered by a decision of this Court in
Commissioner and Secretary to Government of Haryana and Ors. vs. Ram
Sarup Ganda and Ors., reported in 2006 (12) SCALE 440, wherein this Court
held :
"In the result, all the appeals are partly allowed. The appellants shall revise the pay scales of the respondents. In case of any anomaly, if the employees who, on fixation of ACP scales, are in receipt of lesser salary than their juniors in the same cadre/post, then their salary shall be stepped up accordingly. Revised orders shall be passed within a period of two months of the receipt of the copy of this order by the Government. However, if upon revision of the pay-scales, any employee is -2- liable to refund any amount, the Government shall not insist on refund of such amount. If any employee is entitled to get any amount by way of pay revision, the said amount shall be made available to him within a period of six months from the date of receipt of the copy of this order by the Government.
Consequently, the appeals are partly allowed with no order as to costs."
As this case also arises out of the same pay scales, it shall also be
governed by the aforesaid decision of this Court.
The appeal is disposed of with the aforementioned direction.
.......................J (S.B. SINHA)
.......................J (DEEPAK VERMA)
NEW DELHI, JULY 24, 2009.
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