Charanjeet Karwal And ORS v. State Of Haryana And ORS
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7 ) !%0 !55 * , , 551 $ !% (0%01! %%$.< "I. Taking into consideration the aforesaid views of the High Courts, District Judges and IIT, Delhi, we make the following recommendations:
(a) All ministerial staff, other than those to whom we have recommended higher pay scales elsewhere, be granted one increment at the initial rate of the existing pay scale admissible to the respective post and/or time bound promotion pay scale, if any (b) The new entrants shall be started at one stage above the minimum of the pay scale admissible to the post.
(c) Those employees who have reached stagnation shall be granted similar benefit ie. one increment at the initial rate of the pay scale admissible to the post he/she is holding, even though it is outside the upper limit of the pay scale."
"OUR RECOMMENDATIONS:
1) Clerks: We consider that the request for grant of higher pay scale to Clerks is reasonable. We notice that in most of the States where the qualification of graduation has been prescribed for entry level posts like UDC, higher pay scale has been given. In Central Government the pay scale given to UDCs is Rs.4000-6000. Keeping in view the fact that the nature of work performed by the Clerks in the Subordinate Judiciary is quite distinct and more important and also having considered the justification given by the High Court, we recommend the pay scale of Rs.4000-100 4800-EB1000-6000 to Graduate Clerks in the Courts.
2. Having regard to the views expressed by the High Court and for reasons stated in Chapter - VII, we recommend that holders of the following common category posts in the Ministerial cadres, other than to whom we have recommended higher pay scales in other Chapters, be given one increment at the initial rate of the pay scale admissible to them:"
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$ !1$ %%.$ 5$ 5%!5!1$! ( "Accordingly, communication dated 19/20.10.2011 (annexure P-5), 14.03.2013 and 12.09.2013 are set aside. Concerned respondent is hereby directed to extend the benefit of annual increment with reference to the State Services Rules as and when it was/is due to each or the petitioner further, refix their pay and so also calculate arrears of pay and disburse the same within a period of four months from today.
At this stage, learned counsel for the petitioners submitted that some of the petitioners have not been extended the benefit of Shetty Pay Commission increment. In that event if those petitioners approaches concerned respondent, concerned respondent is hereby directed to verify whether such a those petitioners are entitled to Shetty Pay Commission increment or not if they are otherwise eligible increment shall be extended and monetary benefits shall be disbursed within the time limit stipulated above."
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!&!( !(! ! !, !! 0 "Shri T.V S N. Prasad, IAS, ACS, Finance Department stated that the Finance department would re-examine the entire matter including instructions/advice issued from time to time in the matter and also the issue of grant/non-grant of same benefit to the Stenographers posted in the subordinate Courts. Thereafter, the revised instructions/advice strictly in consonance with the recommendations of Shetty commission would be issued, so as to remove the conflict in the grant/non grant of above said benefit to the employees as per their eligibility in all the Sessions Divisions. He also submitted that the issue of advance increment and additional increment would also be examined and appropriate recourse including filing of appeal in CWP No.
14750 of 2015 would be taken, if so required. Accordingly, it was unanimously decided that the Finance Department shall take appropriate action and shall issue the necessary advice/instructions on priority basis so that a uniform decision may be made applicable to remove the conflict and the response on behalf of the State may be filed in the Court cases.
Meeting ended with the vote of thanks.
Sd/- Secretary to Government, Haryana, Home-II"
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