D. D. SURI versus UNION OF INDIA AND ANR.

D. D. SURI versus UNION OF INDIA AND ANR.

The appellant was not entitled to have his year of allotment refixed as claimed, as the decision was made in accordance with applicable rules and discretion, allowances were rightly excluded in calculating pay, F.R. 49's additional pay was not applicable due to overriding IAS rules, and 'Next Below Rule' does not...

Source-derived case information.

Parties
Appellant: D. D. Suri; Respondent: Union of India; Respondent: State of Orissa
Jurisdiction
India
Judgment Date
17 July 1979
Procedural Posture
Appeal by Special Leave / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Seniority Fixation, Pay Fixation, Promotion, Judicial Review Under Article 226
Service Law Administrative Law Constitutional Law Seniority Fixation Pay Fixation Promotion Judicial Review Under Article 226

Source-derived case record

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Parties

D. D. Suri

Appellant

Union of India

Respondent

State of Orissa

Respondent

Procedural Posture

Appeal by Special Leave / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the exclusion of compensatory and lodging allowances in calculating 'pay' under the 'N' formula for year of allotment violates Articles 14 and 16 of the Constitution.
  2. 2 Whether shortfall of six days in computing 'completed years of actual experience' under the 'N' formula should be condoned.
  3. 3 Whether the appellant is entitled to additional pay under F.R. 49 for holding two posts.

Ratio Decidendi

The appellant was not entitled to have his year of allotment refixed as claimed, as the decision was made in accordance with applicable rules and discretion, allowances were rightly excluded in calculating pay, F.R. 49's additional pay was not applicable due to overriding IAS rules, and 'Next Below Rule' does not apply to super-time scale selection-based promotions.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.