Service Matter – Higher post salary when entitled for – whether the appellant is entitled to salary of high post where in he had worked for few years as in charge with specific terms – Apex court held that The order dated 28th February, 2001, by which the appellant was allowed to discharge duties in the post of Assistant Manager had made it clear that the appellant would not be entitled to claim any benefit therefrom including higher salary and further that he would continue to draw his salary in the post of Assistant Labour Welfare Officer. If the
above was an express term of the order allowing him to discharge duties in the higher post, it is difficult to see as to how the said condition can be overlooked or ignored and dismissed the appeal =
in the present
appeal is the entitlement of the appellant – A. Francis to
salary in the higher post of Assistant Manager wherein he had worked from
28th February, 2001 till 31st May, 2005.=
The order dated 28th February, 2001, by which the appellant was
allowed to discharge duties in the post of Assistant Manager had made it
clear that the appellant would not be entitled to claim any benefit
therefrom including higher salary and further that he would continue to
draw his salary in the post of Assistant Labour Welfare Officer. If the
above was an express term of the order allowing him to discharge duties in
the higher post, it is difficult to see as to how the said condition can be
overlooked or ignored. The decision of this Court in Secretary-cum-Chief
Engineer, Chandigarh (supra) was rendered in a situation where the
incumbent was promoted on ad hoc basis to the higher post. The aforesaid
decision is also distinguishable inasmuch as there was no specific
condition in the promotion order which debarred the incumbent from the
salary of the higher post. Such a condition was incorporated in an
undertaking taken from the employee which was held by this Court to be
contrary to public policy.
9. For the aforesaid reasons, we do not find any merit in this appeal.
Consequently, the same is dismissed and the order dated 29th September,
2011 passed in Writ Appeal No.1181 of 2010 by the High Court of Judicature
at Madras is affirmed.
Discussion
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