In a recent legal decision, the Court provided essential clarification on entitlement to the minimum of pay scale for employees. The ruling delves into the nuanced understanding of ‘pay’ and its components, such as basic pay, grade pay, and dearness allowance. This analysis has significant implications on the entitlements of employees and the allowances attached to their respective posts. Stay tuned to understand the legal intricacies of this recent court decision.
Arguments
- The Contempt Petitions arise from the Order dated 10.01.2018 disposing of a Special Leave Petition filed by the Principal Secretary, Government of Punjab, PWD Public Health & Others.
- The Order was in accordance with the judgment in State of Punjab & Ors. v. Jagjit Singh & Ors. (2017) 1 SCC 148.
- Paragraph 55 of the Jagjit Singh case set aside the decision made by the Full Bench of the High Court in Avtar Singh v. State of Punjab.
- The decision in Avtar Singh v. State of Punjab, dated 11-11-2011, was deemed liable to be set aside and was accordingly set aside.
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Analysis
- Decision in State of Punjab v. Rajinder Kumar affirmed with modification regarding entitlement to minimum of pay scale
- Employees entitled to minimum of pay scale of category they belong to but not entitled to allowances attached to posts held
- Expression ‘pay’ clarified in Tej Singh and Others v. Sarvesh Kaushal and Ors.
- Clarification that ‘minimum of pay’ includes basic pay, grade pay, and dearness allowance
- Decision in State of Punjab v. Rajinder Singh set aside
- The contempt petitioners have not been paid the amounts towards Dearness Allowance as accepted by the Court in its previous order.
- The Court directs that the amounts payable to all the contempt petitioners towards Dearness Allowance be made over to them within six weeks.
- It is noted that emoluments made over to the contempt petitioners are only for 38 months and not for the entire period.
- The Court is assured that the matter will be looked into, and appropriate relief will be granted if necessary.
- The instant contempt petitions are disposed of accordingly.
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Case Title: BAHADUR SINGH Vs. JASPREET KAUR TALWAR (2022 INSC 830)
Case Number: CONMT.PET.(C) No.-000399 / 2020
