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DB directs equal pay for equal work even on Incharge basis
4/16/2015 11:18:53 PM
Early Times Report

Jammu, Apr 16: In an LPA filed by State against the order made in SWP No.769/2001 dtd 31/07/2002,a Division Bench (DB) of state High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur observed that the principle that a person having been allowed to serve in a higher post is entitled to get salary for that post and dismissed the appeal with a direction to the appellants to verify the period. Court further stated the said exercise is directed to be completed by the appellants within a period of three months from the date of receipt of this order.
A Division Bench of state High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur after hearing both the sides observed that the principle that a person having been allowed to serve in a higher post is entitled to get salary for that post and dismissed the appeal with with a direction to the appellants to verify the period in which the writ petitioner-1st respondent was asked to perform the duties of the Junior Engineer and for that period salary payable to the Junior Engineer shall be paid to the 1st respondent.
As per petition the grievance of the 1st respondent before the Single Judge was that even though he was placed at serial No.15 and respondent No.2 herein was placed at serial No.21 and the 2nd respondent despite being junior to the writ petitioner-1st respondent herein, was given the assignment of Junior Engineer (JE) with higher pay scale and the writ petitioner was not given promotion. The second grievance of the writ petitioner before the learned Single Judge was that even though he was working substantively against the post of Work Supervisor and he being asked to perform the duties of the post of Junior Engineer, he is entitled to get pay for that post.
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