Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Seniority - Respondent-officers had been serving in DANIPS |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Seniority - Respondent-officers had been serving in DANJPS since long - They got a lateral induction into JPS based on their merit and seniority- While inducting them into JPS, they were given a year of allotment and placed below the direct recruits of that year - High Court held that after the introduction of the Sixth Pay Commission Report, the seniority will depend on the grade pay and that relevant rules are to be accordingly amended so as to remove the alleged discrepancy with regard to the fixation of seniority - Held: The fixation of seniority based on grade pay is among the officers inter se of the same service and it has nothing to do with the grade pay in the starting scale of direct recruits in a different service, i.e. JPS in the instant case - Merely because an officer in DAN/PS working since 1987 is getting a higher pay and grade pay on account of his long service and that pay band being protected while induction to JPS, that by itself will not clothe him with a right to claim seniority above the entire direct recruits of several years who naturally would have been only on a lesser pay band having been in service only after direct recruitment. Seniority - Fixation of - The Pay Commission Report has nothing to do with the fixation of seniority in a service - That is governed by the rules of the service |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 892 |
Petitioner | Union Of India And Another |
Respondent | Raj Kumar Jha And Others |
SCR | [2017] 8 S.C.R. 664 |
Judgement Date | 2017-09-12 |
Case Number | 1585-1586 |
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