Naveen Kumar Jha vs Union Of India And Ors on 2 November, 2012
20. Applying the ratio of law already laid down by this Court in various
judgments to the facts of the present case, we find that though petitioner had
to undertake two rounds of litigation but he was finally appointed to the post
of SI/GD on 07.02.2011 and he has been given seniority at Serial No.21 in
the list according to his merit position for the LDCW-2010. Further, the
fixation of his pay to the post of SI/GD shall reckon from the day he
assumed charge of the said post i.e. 07.02.2011. Though petitioner in the
present petition has pleaded that pay of his juniors has been fixed higher
W.P.(C) 923/2021 Page 14 of 15
Signature Not Verified
Digitally Signed
By:ROSY MUNJAL
Signing Date:03.12.2022
12:56
Neutral Citation Number: 2022/DHC/005278
than him, however, we find that the two officials named by him, namely,
Balwant Singh Chauhan and Ram Singh Meena, with whom petitioner is
seeking parity, had joined much prior to his joining and therefore,
differential in fixation of pay, by adding increments is consequential;
whereas the petitioner could not earn increment as he had not completed six
months which is a condition precedent to get an increment under Rule 26(3)
of Fundamental Rule & Supplementary Rule (FR & SR) Part 1. This Court
is informed that petitioner has now been promoted to the post of Inspector.
We have also been informed that petitioner has been given seniority as per
his rank in merit list of Constable/GD as well as Inspector.