VidhiSangh

Supreme Court of India · 05/09/2017

THE STATE OF PUNJAB & ANOTHER versus . DHARAM PAL

[2017] 14 S.C.R. 569 · 2017 INSC 850

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld higher-post pay for an eligible employee who actually officiated as Superintendent Grades II and I with greater responsibilities. The Punjab service rules did not prohibit the benefit in these circumstances, and conditions retaining his old scale pending committee approval did not defeat it. A restriction in an order or undertaking was not an automatic bar in every case; the State’s appeal was dismissed.

Issues

  1. Whether the applicable service rules denied higher-post pay to the officiating employee.
  2. Whether old-pay conditions in the orders necessarily barred the claim.

Provisions considered

Held

Result

State’s appeal dismissed; High Court’s grant of the officiating-post pay benefit upheld; no costs.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 569.