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State of Haryana & Ors. Vs. Devinder Singh Rawat & Ors. [2009] INSC 1278 (24 July 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5001 OF 2009 [Arising out of SLP(C) No. 17612/2003] STATE OF HARYANA AND ORS. ... APPELLANT(S) :VERSUS:

ORDER Leave granted.

This case appears to be covered by a decision of this Court in Commissioner and Secretary to Government of Haryana and Ors. vs. Ram Sarup Ganda and Ors., reported in 2006 (12) SCALE 440, wherein this Court held :

"In the result, all the appeals are partly allowed. The appellants shall revise the pay scales of the respondents. In case of any anomaly, if the employees who, on fixation of ACP scales, are in receipt of lesser salary than their juniors in the same cadre/post, then their salary shall be stepped up accordingly. Revised orders shall be passed within a period of two months of the receipt of the copy of this order by the Government. However, if upon revision of the pay-scales, any employee is -2- liable to refund any amount, the Government shall not insist on refund of such amount. If any employee is entitled to get any amount by way of pay revision, the said amount shall be made available to him within a period of six months from the date of receipt of the copy of this order by the Government.

Consequently, the appeals are partly allowed with no order as to costs."

As this case also arises out of the same pay scales, it shall also be governed by the aforesaid decision of this Court.

The appeal is disposed of with the aforementioned direction.

.......................J (S.B. SINHA)

.......................J (DEEPAK VERMA)

NEW DELHI,

JULY 24, 2009.

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