Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2013 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (8) TMI 750 - HC - Indian LawsReview petition - error on record - power to correct - writ jurisdiction of High Court - grant of promotional pay scale to the petitioners - Held that:- the Court while deciding the writ petition has not gone to the controversy involved in the writ petition and was misguided by the Supplementary Counter Affidavit of Sri Ashfaq Ahmad, who ignoring the earlier order of the Department as well as order of State Government has given an impression that claim of the petitioners being genuine would be given although after decision of the State of U.P. in similar matters, he was not competent do allow the claim of the petitioners. The conduct of Sri Ashfaq Ahmad, who was posted on such a high post was not proper. However earlier judgment dated 23.02.2012 suffers from error apparent on the face of record and is liable to be recalled/reviewed. The purpose of justice will not be served by rejecting the Review Application and perpetuating the error again. The writ petition is liable to be decided on merits. - Decision in Commissioner of Customs v. Hongo India Private Limited [ 2009 (3) TMI 31 - SUPREME COURT] followed. Grant of Promotional Pay Scale – Whether the assesses who were sent on deputation from the Revenue departments, entitled to the same pay scale and other benefits as being provided to the Collections Amins of the Revenue department - Held that:- Thus the pay scale had already been provided, no relief can be granted in the Special Appeal - Relief to the petitioners cannot be denied due to pendency of the Special Appeal, which has no legs to stand - order set aside -The petitioners were also entitled to parity in pay scale and promotional pay scale was concerned - The petitioners have fundamental right under Article 14 of the Constitution for equal treatment - the counsel for the petitioners relying upon Article 14 and 39 (d) of the Constitution - the eligibility, mode of selection/ recruitment, nature and quality of work and duties and effort, reliability, confidentiality, dexterity, functional need and responsibilities and status of both the posts were identical - The petitioners had made statement in this respect which has not been specifically denied – the claim of the petitioners has been denied on an irrelevant considerations - The respondents were directed to grant the same benefits of pay scale and promotional pay scale etc. as given to the Collection Amins of the Revenue department of State of U.P. Whether minimum qualification, mode of recruitment, nature of work and duties and degree of responsibility of the Collection Amins, in Revenue department and Collection Amins, in Trade Tax department are same and employer was the same as such the assesses were also entitled to parity in pay scale and promotional pay scale - Held that:- The petitioners had been illegally discriminated without any basis - at the time of sending the petitioners on deputations, they were given same salary, which they were drawing in Collectorate - The anomaly in salary had occurred for the first time due reasons that on the basis of report of Pay Rationalization Committee, by Government Order the pay scale of Collection Amins in Revenue department was refixed and promotional pay scale but same benefits had not been given to the Collection Amins in Trade Tax department - From the chart supplied by the Standing Counsel, it was proved that the petitioners were given Selection Grade, Promotional Grade and Next Higher Grade - Thus there was totally non application of mind at the time of passing the order and order was based upon false reasons.
|