Establishment (Pay-1) dated 10.07.1998, the protection
of last drawn basic pay is available to only those persons
appointed in government service, who were working ... Therefore denial of pay
protection benefit to the petitioner is unjustified and
illegal."
Counsel for the respondent urges that the basic distinction made
between
benefit of pay protection to the applicant pursuant
to the Office Memorandum dated 07.08.1989 and re-fix
applicant's pay by taking into account ... basic pay ought to have been fixed at the same level that he was getting in
previous organization. Withholding of benefit of pay protection resulted
pay. Each stage in the
scale is commonly referred to as basic pay. The emoluments
which an employee gets is not only the basic pay ... Therefore, when a question of pay
protection comes, the basic feature is that the fitment or fixation
of pay in a particular scale must
Bihar. The quashing of the Notification
basically relates to the issue of non-grant of pay protection to them.
2. There is a long history
agency could not
have been counted towards fixation of basic pay and for protection of pay
scale, the petitioner coming from agency to Government service
basic pay came to Rs. 1740/-. With dearness
allowance and other allowances, his total pay came to Rs.
5285/- upon pay revision being Fitter Grade ... thereto other
allowances. As and when the basic pay would increase upon
yearly increments, this Revised Pay Protection (RPP) of Rs.
695/- would
been inducted
in I.A.S., the pay fixation has to be, keeping in view the pay in the
Patna High Court CWJC No.24729 ... Administrative Service by granting him pay protection in
accordance with Rules, but he cannot be put in the basic scale of
I.A.S., since
existing pay scales the revised pay bands with corresponding grade pay have
been enlisted and for the S-6 pay scale the corresponding pay band ... basic pay of the petitioners in PB-I has
been fixed at `6060 with Grade Pay `2000 and in some Divisions the basic
pay
Deputy Director, Administration, Agriculture Department, Bihar, Patna
5. The Joint Director, Plant Protection, Gaya Division, Gaya
6. The District Agriculture Officer, Gaya District, Gaya
.... .... Respondent ... reduction in rank to the post in the basic pay scale of
Plant Protection Supervisor. Such order was disputed by the petitioner
in Civil Writ
T.P.Senkumar vs Union Of India on 21 July, 2016
Author: P. Gopinath
Bench
