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december 2008

Supreme Court of India · 2008-12-16

Syed Abdul Qadir & Ors vs State Of Bihar & Ors

Citation / case number
2009 LAB IC 1588
Court
Supreme Court of India
Petitioner
Syed Abdul Qadir & Ors
Respondent
State Of Bihar & Ors
Author
B.N. Agrawal
Bench
G.S. Singhvi, Harjit Singh Bedi, B.N. Agrawal

Judgment text excerpt

The Supreme Court upheld the Patna High Court's decision regarding the applicability of the Office Order dated 16.11.2000, which mandated that the fixation of pay scales for Assistant Teachers in Nationalised Schools be governed by Fundamental Rule 22(1)(a)(2) instead of FR 22-C. The Court ruled that the Office Order applied retrospectively, allowing for the recovery of excess payments made to employees without interest in instalments. This judgment clarifies the interpretation of the relevant service rules and the authority of the State Government in determining pay scales under the Bihar Nationalised Secondary School [Service Condition] Rules, 1983.

Syed Abdul Qadir & Ors vs State Of Bihar & Ors · Niyam