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1981 (2) TMI 236 - SC - Indian Laws

Issues involved: The judgment deals with the issue of the State Government of Andhra Pradesh enforcing sub-r. (2) of r. 5 of the Andhra Pradesh Revised Scales of Pay Rules, 1969, in relation to the Selection Grade pay-scales and the entitlement of employees appointed to Selection Grade posts.

Summary:

The Supreme Court addressed the litigative dispute regarding the State Government's authority to withhold Selection Grade pay-scales contrary to established rules. The Government's attempt to justify lower pay fixation for employees promoted to Selection Grade posts was deemed unjust by the Court, emphasizing the importance of respecting judicial decisions on constitutional validity and employee rights.

The Court provided background on the creation of Selection Grade posts under the Andhra Pradesh Revised Scales of Pay Rules, 1969, highlighting the issue of senior employees drawing less pay in higher posts compared to their juniors in lower categories due to pay-scale discrepancies.

Chinnappa Reddy, J., previously struck down the executive instruction regarding pay fixation for Selection Grade appointees, citing violations of constitutional provisions and principles of equal pay for equal work. Subsequently, a rule inserted in 1973 was also challenged and declared void by Muktadar, J., for contravening Arts. 14 and 16 of the Constitution.

The Government's appeals and special leave petitions were dismissed by the Supreme Court, upholding the lower court's decisions and emphasizing that the invalidated rule must be disregarded for pay re-fixation purposes. The Court rejected the Government's attempts to challenge established judgments, concluding that the matter had been conclusively settled in previous rulings.

In conclusion, the Supreme Court dismissed the appeals and petitions, affirming the invalidity of the disputed rule and emphasizing the need for proper pay re-fixation in compliance with legal principles.

 

 

 

 

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