Case Note & Summary
The case involved Smt. P. Grover, who was promoted as an acting District Education Officer but was denied the corresponding salary due to a condition in her promotion order. She filed a writ petition after the Punjab and Haryana High Court dismissed her claim for the salary of the higher post. The Supreme Court examined the legality of the denial of salary based on the promotion on an acting basis. The court noted that the Government of Haryana's counter-affidavit did not provide a valid rationale for the refusal to pay the salary of the District Education Officer. The court emphasized that there was no rule preventing an officer promoted on an acting basis from receiving the salary of the higher post. Consequently, the court ruled in favor of Smt. Grover, stating she was entitled to the salary from the date of her promotion until her retirement. The appeal was allowed with costs.
Headnote
A) Administrative Law - Promotion and Salary Entitlement - Denial of Salary for Acting Promotion - Civil Service - The court held that the appellant, having been promoted to the post of District Education Officer on an acting basis, was entitled to the salary of that post, as there was no rule justifying the denial of such pay. The counter-affidavit from the Government of Haryana failed to provide a rational explanation for the refusal to pay the salary of the higher post, leading to the conclusion that the appellant was entitled to the salary from the date of promotion until retirement. (Paras 6-7)
Issue of Consideration
Whether a person promoted to a post on acting basis can be denied the benefit of the scale of pay attached to the post
Final Decision
The Supreme Court allowed the appeal, ruling that Smt. Grover was entitled to the salary of a District Education Officer from July 19, 1976, until her retirement on August 31, 1980, with costs.
Law Points
- Promotion on acting basis
- entitlement to salary
- absence of rule
- denial of pay
