In Brief
The State of Punjab appealed a High Court decision awarding an employee (Dharam Pal) the pay scale of higher posts he held on an officiating basis. The orders appointing him contained restrictions stating he would draw his own pay scale and financial benefits would only follow Departmental Promotion Committee approval. The Supreme Court upheld the High Court, holding that the Civil Service Rules did not prohibit granting the higher pay scale, and that restrictions or undertakings cannot debar an employee from claiming benefits earned through performing higher duties. The Court ruled that such restrictions violate public policy and are unenforceable under the Contract Act. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.