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september 2017

Supreme Court of India · 2017-09-05

THE STATE OF PUNJAB vs B.K.DHIR

Citation / case number
SC 2008/4010
Court
Supreme Court of India
Petitioner
THE STATE OF PUNJAB
Respondent
B.K.DHIR
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE AMITAVA ROY, HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court upheld the decision of the Punjab High Court, which granted the respondent, a retired Additional Director, the salary for the officiating posts of Joint Director and Additional Director under the Punjab Gram Panchayat Act, 1952. The Court emphasized that the rules did not prohibit the grant of the pay scale for officiating positions, aligning with precedents set in Smt. P. Grover v. State of Haryana and Secretary-cum-Chief Engineer, Chandigarh v. Hari Om Sharma. The Court ruled that the respondent was entitled to the salary of the higher posts for the duration he served in those capacities, despite the State's argument regarding prior conditions imposed on his appointment.

THE STATE OF PUNJAB vs B.K.DHIR · Niyam