2018 (7) TMI 2253 - HC - Indian Laws

Grant of regular pay scale from the date of initial appointment - HELD THAT - Without commenting upon merits of the case, the present writ petition stands disposed of with a direction to the respondents to consider the petitioner's claim by passing a reasoned and cogent order and if the petitioner is entitled for the benefit, the same shall be extended to the petitioner, as has been extended in other identical matters. The aforesaid exercise shall be completed within a period of four months from the date of receipt of certified copy of this order. The writ petition stands disposed of.

Summary

Issues:
Claim for regular pay scale from date of initial appointment based on previous judgments.

Analysis:
The petitioner filed a petition seeking regular pay scale from the date of initial appointment, relying on a judgment by the State Administrative Tribunal in a previous case. The petitioner argued that the said judgment was affirmed by the Apex Court in a Special Leave Petition. Additionally, reference was made to a previous order directing the respondents to pass a reasoned decision. The counsel for the petitioner requested disposal of the representation in line with the judgment in the mentioned case. The counsel for the respondent did not object to this request, acknowledging that the case falls under the purview of the previous judgment. Consequently, the writ petition was disposed of with a directive for the respondents to consider the petitioner's claim and extend benefits if entitled, within four months from the receipt of the order's certified copy.

This judgment highlights the importance of precedent and the binding nature of previous decisions. It underscores the need for reasoned and cogent orders in administrative matters, ensuring fair treatment to all parties involved. The court's decision to direct the respondents to consider the petitioner's claim within a specified timeframe demonstrates the judiciary's commitment to upholding justice and ensuring timely resolution of disputes. The case serves as a reminder of the legal principles governing claims for pay scale adjustments and the significance of adhering to established legal precedents in similar matters.