Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - Fixation of pay in the regular pay scale - Entitlement to increments - Classification of . petitioners-daily wage employees as 'permanent employees' by standing order 21(1) 3(c) - Madhya Pradesh Industrial Employment (Standing Orders) Rules Service law: Madhya Pradesh Industrial Employment (Standing Orders) Act I961 - ss. 63(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service law: Madhya Pradesh Industrial Employment (Standing Orders) Act, I961 - ss. 63(c), 21(1), 3(c) - Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 - Fixation of pay in the regular pay scale - Entitlement to increments - Classification of . petitioners-daily wage employees as 'permanent employees' by standing order - Thereafter. petitioners sought pay scale attached to the said posts - Claim allowed by the courts below as also this Court - However. fixation of the pay at the minimum of the regular pay-scale attached to the respective posts - Contempt petition by the petitioners that the . pay fixation __, not as per the order of this Court - Petitioners sought fixation of pay in the regular pay scale as also increments and other emoluments attached to the said post - Held: Though a 'per111anent e111ployee' has right to receive pay in the graded pay-scale, at the same time, he would be getting only minimum of the said.pay-scale with no increments - Only the regularisation in service which would entail grant of increments etc. in the pay-scale - In some cases the State Government while fixing the pay scale, granted increments as well, however. the benefit wrongly given, would not form the b·asis of claiming the same relief - Right to equality u!Art. 14 is not in negative terms - Constitution of India - Article 14. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 1215 |
Petitioner | Ram Naresh Rawat |
Respondent | Sri Ashwini Ray & Ors. |
SCR | [2016] 9 S.C.R. 141 |
Judgement Date | 2016-12-15 |
Case Number | 771 |
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