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july 2009

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.

Ajay Kumar Das vs State Of Orissa & Ors · Niyam