AI Structured Summary
Not yet generated for this judgment
Judgment
In dz0,inuke,osrueku,oxhZdj.k,jktif=r@vjktif=r,izfr'kr nj,"fu;qfDr
izkf/kdkj
1,"vk'kqfyfid xsM
III",4000-100-6000,r`rh; Js.kh,vjktif=r,40.00%,"r`rh; oxZ esa
fu;qfDr ds fy,
izkf/kd`r
inkf/kdkjh
2,"vk'kqfyfid
xzsM II",5000-150-8000,r`rh; Js.kh,vjktif=r,40.00%,rnSo
3,"vk'kqfyfid
xzsM I",5500-175-9000,r`rh; Js.kh,vjktif=r,20.00%,rnSo
It is established principles of law that when any new Appointment (Recruitment) and Promotion Rule comes into existence, it supersedes the old",,,,,,
Rules, if any. In the case at hand the petitioners have come up with the case that in absence of any specific Rule, the department has adopted the",,,,,,
Rules of 2007 vide notification dated 20.03.2009 at Annexure 2 in which specifically in Clause 2(x) hierchary of pay-scales have been mentioned and,,,,,,
in accordance with that the petitioners have been granted financial up-gradations, vide order dated 19.01.2010, as evident from Annexuere 3 to the",,,,,,
writ application, which from no angle appears to be illegal, beyond Rule. Moreover, most of the petitioners has now retired and recovery without",,,,,,
proper procedure is also not permissible. Hence, the impugned order is liable to be quashed and set aside.",,,,,,
For the discussions made in the foregoing paragraphs, the impugned order dated 08.12.2010 is quashed and set aside and direction as contained in",,,,,,
order dated 19.01.2010 is restored and it is held that the petitioners shall be entitled to get financial up-gradations as mentioned in Clause 2 (x) of the,,,,,,
Rules, as mentioned in Annexure 2 to the writ application and recovery, if any made pursuant to passing of impugned order 08.12.2010 shall be",,,,,,
refunded to the petitioners forthwith.,,,,,,
The writ applications accordingly stands allowed.,,,,,,
Consequently, I.A. No. 2478 of 2011 stands disposed of.",,,,,,