BASUDEV PATI versus STATE OF ORISSA AND ANR.

BASUDEV PATI versus STATE OF ORISSA AND ANR.

A person appointed to a different service (here, Orissa Administrative Service) cannot claim fitment or pay protection on the basis of last pay drawn in the previous post (here, Lecturer) merely because both posts were once in the same pay scale or because the earlier pay scale was later revised, as both services...

Source-derived case information.

Parties
Petitioner: Basudev Pati; Respondent: State of Orissa and Anr.
Jurisdiction
India
Judgment Date
03 March 1997
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on SLP
Outcome
Petition dismissed
Legal Topics
Pay Protection, Pay Scales, Fitment, Lecturer Appointment, Orissa Administrative Service
Service Law Pay Protection Pay Scales Fitment Lecturer Appointment Orissa Administrative Service

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Parties

Basudev Pati

Petitioner

State of Orissa and Anr.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on SLP

Legal Issues

  1. 1 Whether the petitioner is entitled to protection of last pay drawn as Lecturer upon appointment to Orissa Administrative Service and consequent fitment in the revised pay scale.

Ratio Decidendi

A person appointed to a different service (here, Orissa Administrative Service) cannot claim fitment or pay protection on the basis of last pay drawn in the previous post (here, Lecturer) merely because both posts were once in the same pay scale or because the earlier pay scale was later revised, as both services are fundamentally different.

Court Disposition

Petition dismissed

Orders

  • Special leave petition is dismissed.