JUDHISTIR MOHANTY versus STATE OF ORISSA AND ORS.

JUDHISTIR MOHANTY versus STATE OF ORISSA AND ORS.

Since the appellant was transferred to the higher post at his own request and was accommodated because no equivalent Class II post was available, he is not entitled to a higher scale of pay than the scale attached to his original post.

Parties
Appellant: Judhistir Mohanty; Respondents: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
13 September 1996
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Entitlement to Higher Scale of Pay, Transfer on Request, Adjustment Against Higher Post
Service Law Entitlement to Higher Scale of Pay Transfer on Request Adjustment Against Higher Post

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Parties

Judhistir Mohanty

Appellant

State of Orissa and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Is the appellant entitled to higher scale of pay after being accommodated in a higher post due to his own request for transfer?

Ratio Decidendi

Since the appellant was transferred to the higher post at his own request and was accommodated because no equivalent Class II post was available, he is not entitled to a higher scale of pay than the scale attached to his original post.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed without costs.