Sita Ram Ane ORS v. State Of Haryana And ORS




   



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"Basic Pay" means pay as defined in Rule 2.44(A)(I) Punjab Civil Services Rules Volume-1 Part-1". The pay has been defined in Rule-3(L) which is reproduced as under:- "Pay" means the amount drawn monthly by a Government servant, other than special pay or pay granted in lieu of his personal qualification or his length of service, in the functional pay scale, which has been sanctioned for a post held by him substantively or in an officiating capacity or in case where no separate functional pay scale is sanctioned for the post held by the Government servants constituting a cadre, in the pay scale to which lie is entitled by reason of his position in a cadre." 12.

Again the pay scale of Haryana Government employees were revised in the year 2008 vide Notification dated 30th December 2008 by framing the service rules under the proviso of Article 309 of the Constitution of India titled as Haryana Civil Services (Revised Pay) Rules, 2008, keeping in view the recommendations of Central Sixth Pay Commission. The pay has been defined in Rule-3(O) of the said Rules which his reproduced as under:- "Pay" means the amount drawn monthly by a Government servant, other than special pay or pay granted in lieu of his personal qualification or his length of service, in the functional pay scale, which has been sanctioned for a post held by him substantively or in an officiating capacity or in case where no separate functional pay scale is sanctioned for the post held by the Government servants constituting a cadre, in the pay scale to which he is entitled by reason of his position in a cadre."

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 3 "2.44.(a) Pay means the amount drawn monthly by a Government servant as:- (i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre, and (ii) overseas pay, technical pay, special pay and personal pay, and (iii) any other emoluments which may be specially classed as pay by the competent authority."

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1. "Letter No.4/7/86-3FR(II) , dated 7th May 1986.

2. Letter No. 52-2FICW-88, dated 12.02.1988

3. Letter No. 419-2FICW-91, dated 28th February 1991.

4. Letter No. 10/2/96-2FICW, dated 27th February 1996

5. Letter No. 10/31/98-2FICW, dated 11th August 1998.

6. Letter No. 10/46/2014-2FICW, dated 17th December 2004

7. Letter No. 10/24/2007-2FICW, dated 25th May 2007 Letter No. 1046/2004-2FICW, dated 27th January 2009"  21



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 '   (ARUN MONGA) JUDGE May 5, 2022 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No