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Supreme Court of India 2019-02-13 dismissed

T.I. Jose and Ors vs Managing Director, Kerala Water Authority and Anr

Bench: 2 — Dhananjaya Y Chandrachud

In Brief

Appellants, Head Operators under the Kerala Water Authority, challenged the reduction of their pay scales following the abolition of an intermediate Senior Operator post. The High Court had earlier held that creating the Senior Operator post by administrative order (rather than by statutory amendment) was ultra vires and violated promotional rights. The State Government then abolished the post and reduced Head Operator pay scales. The Supreme Court upheld this action, holding that the higher pay scale was occasioned solely by the invalid creation of the intermediate post. Upon its abolition, restoring the corresponding original pay scale was lawful and not arbitrary. No recovery of amounts already paid was permitted."

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Administrative Law Service Law Pay Revision Public Sector Employment Statutory Rules Writ Jurisdiction

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