TMI Blog2019 (6) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 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 challenged the communication dated 06.07.1987. Petition dismissed. - R/SPECIAL CIVIL APPLICATION NO. 27956 of 2007 - - - Dated:- 8-4- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adverse remarks dated 06.07.1987 and hence for 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion dated 11.12.1995, those Government employees who have become eligible 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner is granted the higher payscale from 17.09.1992 instead of 15.02.1991 because of the communication of the adverse 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars in which the adverse remarks are communicated. Unquestionably, in instant case, the petitioner has become eligible for higher pay scale prior to scale on 15.02.1991 prior to date 05.07.1991, hence her confidential reports for the year 1986-87 were precisely considered by the respondents. 11. In view of the aforenoted observations, the writ petition fails legal scrutiny. Rule di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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