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An employee cannot be allowed to suffer monetary benefits compared to junior

Raj Kumar Makkad ,
  08 January 2011       Share Bookmark

Court :
Supreme Court of India
Brief :
Regularisation of Service - Workmen asked to perform the function of the Junior Clerk - Whether entitled to scale of Junior Clerk from the relevant period in question?
Citation :
Ajmer Vidyut Vitran Nigam and Ors. Vs. Navin Kumar Saini (Decided on 29.10.2010) MANU/SC/0923/2010

Held, that the case of the workmen ought to have been considered for regularisation as Lower Division Clerk when the case of other persons similarly situated were considered by the Selection Committee. Persons junior to the workmen have been given the regular pay scale of the post of Junior Clerk with effect from 01.04.1982 whereas the workmen herein were appointed as Junior Clerks by order dated 26th June, 1984. They cannot be allowed to suffer only because they qualified in written examination and appointed as Junior Clerks by order dated 26th June, 1984. As the Respondents were found fit for appointment as Junior Clerks on the basis of the limited written examination, there does not seem any valid reason to suggest that they shall not be fit to be regularised as Junior Clerks when persons junior to them were regularised and given the regular scale of pay with effect from 1st April, 1982.

Therefore the Appellants were directed to consider the cases of Respondents for regularization as Junior Clerks with effect from 1st April, 1982 and in case they are found fit for regularization, grant them the pay-scale thereof from the said date.

 
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Published in Labour & Service Law
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