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Supreme Court of India 2021-12-03 dismissed

State of U.P. & Anr vs Aishwarya Pandey

Bench: 2 — Judge 1, Judge 2

In Brief

The State appointed a person to the post of Officer on Special Duty on compassionate grounds but placed her in a lower pay-scale than prescribed for that post. The High Court directed payment of the correct pay-scale. The Supreme Court dismissed the State's challenge, holding that once a person is appointed to any post, they are entitled to that post's pay-scale regardless of appointment mode. The State could not appoint someone on compassionate grounds and then deny the post's benefits by arguing the position should have been filled by the Public Service Commission. Similarly situated employees must receive equal benefits.

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Constitutional Law Service Law Compassionate Appointment Pay-scale Equality Administrative Law

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