C.A. No. 009991 - 009993 / 2018
SHIV BHUSHAN SINGH vs THE STATE OF UTTAR PRADESH THROUGH SECRETARY
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE M.M. SUNDRESH
Order Date
02-05-2023
Filed On
19-03-2018 12:00 AM
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casestatus.in Summary
Where a State government employee's entitlement to parity of pay-scales with Central government counterparts is not established in law, the claim for such parity must fail. However, in exercise of equitable jurisdiction and following the principle against unjust enrichment by the State, excess payments already disbursed to retired employees need not be recovered. As analysed on casestatus.in, the State retains the authority to re-fix pay-scales and pension prospectively, subject to representations from aggrieved employees being decided in accordance with law.