Case Note & Summary
The case involved a writ petition filed by the petitioner, who sought a writ of mandamus for the payment of salary prescribed for the post of peon, similar to that of other regular employees. The petitioner was initially appointed on a temporary basis on 19.08.1982 under the Dying-in-Harness Rules and was confirmed in 1986. Despite the revision of the pay scale, the petitioner continued to receive a fixed salary instead of a regular salary. The court noted that the Dying-in-Harness Rules, which are applicable to the dependants of government servants who died in service, provided for regular appointments under the provisions of Article 309 of the Constitution of India. The court referred to a precedent from the Allahabad High Court, which affirmed that appointments made under these rules are regular in nature. The court concluded that the petitioner should not have been placed on fixed pay and that the government order dated 16.05.1981 did not apply to him. Consequently, the court issued a writ of mandamus directing the respondents to pay the petitioner the regular salary for the post of peon and to treat him as a regular class-IV employee. The court ordered that the arrears of salary be paid within two months after necessary deductions. No costs were awarded.
Headnote
A) Employment Law - Dying-in-Harness Rules - Entitlement to Regular Salary - Uttar Pradesh Dying-in-Harness Rules, 1981 - The petitioner, appointed under the Dying-in-Harness Rules, was entitled to regular salary rather than fixed pay as his appointment was regularized. The court held that the government order dated 16.05.1981 was not applicable to the petitioner, and directed payment of regular salary and arrears (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to the regular salary prescribed for the post of peon under the Dying-in-Harness Rules.
Final Decision
The court issued a writ of mandamus directing the respondents to pay the petitioner the regular salary for the post of peon and to treat him as a regular class-IV employee. The court ordered payment of arrears within two months after necessary deductions.
Law Points
- Writ of mandamus
- Dying-in-Harness Rules
- regularization of service
- fixed pay vs regular salary
