C.A. No. 009062 - 009081 / 2024
PATEL JIGNASA BHAGVANBHAI vs THE STATE OF GUJARAT
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE VIKRAM NATH and HON'BLE MR. JUSTICE PRASANNA B. VARALE
Order Date
14-08-2024
Filed On
07-01-2019 12:00 AM
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View Full Judgment
casestatus.in Summary
Under service law, the stepping-up of pay of a senior government employee vis-à-vis a junior is permissible only when the pay anomaly is a *direct result* of the application of the relevant pay fixation rule; where the disparity arises from counting prior *ad hoc* service of the junior for Career Advancement benefits, the statutory precondition is not satisfied and the stepping-up rule cannot be invoked. As analysed on casestatus.in, an employee cannot claim pay parity that would effectively credit service periods during which they were not even born in the cadre.