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TMI Blog2019 (6) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner did not choose to challenge the higher pay-scale at the relevant time, and the petitioner slept for all these years since 1987 till the communication of the order dated 07.03.2003 fixing her higher pay-scale with effect from 17.09.1992, it is not open for her to claim the higher pay scale ignoring the adverse remarks. Significantly, the petitioner in the present petition has also not challen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the grant of the higher pay-scale the same are required to be ignored. Reliance is also placed by the learned advocate for the petitioner on the judgment of Supreme Court in the case of Gurdial Singh Fijji Vs. State of Punjab and Haryana, 1979 (2) SCC 368. Learned advocate has further submitted that the adverse remarks which are communicated beyond the period of six weeks are required to be expung ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in higher pay-scale prior to the date 05.07.1991, they are granted the higher pay-scale within nine years of service. She has submitted that if any adverse remarks are mentioned in the confidential report, then her higher pay-scale is fixed after ignoring the aforesaid adverse remarks of one year. Thus, she has submitted that when the petitioner passed the departmental examination, she has been gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verse remarks for the aforesaid mentioned period. 9. Under the circumstances, since the petitioner did not choose to challenge the higher pay-scale at the relevant time, and the petitioner slept for all these years since 1987 till the communication of the order dated 07.03.2003 fixing her higher pay-scale with effect from 17.09.1992, it is not open for her to claim the higher pay scale ignoring ..... X X X X Extracts X X X X X X X X Extracts X X X X
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