It is settled law by Supreme Court that if a reserved category person is promoted to higher post before a person from general category, then the general category on his permotion to higher post shall rank senior to the reserved candidates and the pay scale shall be notionally fixed from the date, the reserved category person is promoted.
Facts of the Case:
- Petitioner joined Roadways as a conductor on September 1, 1970 and got promoted to inspector on February 15, 2006 and retired in the same year on April.
- His junior Parhlad joined as a conductor in May 7, 1992 and promoted to inspector on June 26, 1996 against a reserved post and retired as Station Supervisor from Haryana Roadways, Bhiwani Depot.
- Another junior, Ravinder Singh who joined on May19, 1972 as conductor promoted as inspector in June 28, 1996 from Haryana Roadways, Gurgaon.
Name Joining Date Promotion Date
Balbir Singh 01.09.1970 15.02.2006
Parhlad Singh 07.05.1992 26.06.1996
Ravinder Singh 19.05.1972 28.06.1996
Defendant argued that as per settled law, the petitioner was getting higher pay as and when his juniors were promoted and he was awarded seniority to them.
Also when he was promoted to sub-inspector & inspector he was still drawing higher salary than juniors.
Thus, after hearing the arguments, court dismissed the suit being devoid of merits.
Thus one can approach courts for pay scale revision, if one feels dissatisfied through expert Service Lawyers in Chandigarh, Panchkula, and Mohali.
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