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may 1998

Supreme Court of India · 1998-05-13

UNION OF INDIA vs ASHOKE KUMAR BANERJEE

Citation / case number
SC 1994/8738
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
ASHOKE KUMAR BANERJEE
Author
M. JAGANNADHA RAO
Bench
M. JAGANNADHA RAO SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court upheld the Central Administrative Tribunal's order directing the fixation of the respondent's pay under F.R. 22(1)(a)(i) upon his promotion to Assistant Engineer, stating that he was entitled to a fresh application of the rule due to the change in duties and responsibilities. The Court clarified that the application of F.R. 22(1)(a)(i) is permissible upon actual promotion, and the argument that this would amount to double benefit was rejected. The appeal by the Union of India and C.P.W.D. was dismissed, affirming the Tribunal's decision.

UNION OF INDIA vs ASHOKE KUMAR BANERJEE · Niyam