Supreme Court of India · 2009-07-31
Ajay Kumar Das vs State Of Orissa & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 1739
- Court
- Supreme Court of India
- Petitioner
- Ajay Kumar Das
- Respondent
- State Of Orissa & Ors
- Bench
- R. M. Lodha, Tarun Chatterjee
Judgment text excerpt
The Supreme Court ruled that the pay fixation of the appellant, an Assistant Engineer, should be determined according to Rule 74(b) of the Orissa Service Code rather than the Government Circular dated April 16, 1971. The Court held that the appellant's pay should reflect his last drawn salary as a Sub-Assistant Engineer, emphasizing the principle of pay protection to prevent unjust reductions in salary upon promotion. Consequently, the Court upheld the Tribunal's decision to fix the appellant's pay at Rs. 950 per month, aligning with the provisions of the Service Code.