Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Merger of pay scales Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Merger of pay scales – Permissibility – D.O. letter dated 28.07.1981 of the State Government provided for merger of pay scales only of Lower Division and Upper Division Assistants/ Clerks in the Patna University – The merger was further extended to other Universities of the erstwhile State of Bihar by a letter dated 27.01.1982 – Thereafter, a communication was issued on 05.10.1989 by which the State decided to implement the above-mentioned integrated pay scale to all the class III employees of the colleges affiliated to various Universities of the State – Pursuant thereto, Vice-Chancellor of Ranchi University issued a circular to all the affiliated colleges – Consequently, Principal of a college affiliated to Ranchi University, granted such merger to the appellants subject to approval of the University by order dated 03.08.1990 – The order of the principal was reversed by University on 08.03.1995 – Writ petition challenging order dated 08.03.1995 allowed by the Single Judge of the High Court – The order of Single Judge of High Court was set aside by Division Bench of the High Court – On appeal, held: As per D.O. letter dated 28.07.1981, the category of posts sought to be merged were only those which had two or more scales of senior and junior incumbents – In the post in question, there is no categorisation of lower division and senior division and the appellants were appointed to sanctioned posts – They were neither promoted nor appointed or regularized against the post of Lower Division and Upper Division Assistants/Clerks – In absence of such categories, the letter dated 28.07.1981 would not apply and there cannot be a mandamus to merge pay scales – However, as regards, the benefit to appellants from 1990 to 1995, the same is not liable to be recovered. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2021 INSC 191 |
Petitioner | Bijay Kumar Sharma & Ors. |
Respondent | Ranchi University & Ors. |
SCR | [2021] 7 S.C.R. 250 |
Judgement Date | 2021-03-17 |
Case Number | 2822 |
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