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.