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![As the Order itself states, the stepping up is subject to three conditions: (1) Both the junior and the senior officers should belong to the same cadre and the posts in which they have been promoted should be identical and in the same cadre; (2) the scales of pay of the lower and higher posts should be identical; and (3) anomaly should be directly as a result of the application of Fundamental Rule 22-C which is now Fundamental Rule 22(I)(a)(1). We are concerned with the last condition. The difference in the pay of a junior and a senior in the cases before us is not as a result of the application of Fundamental Rule 22(I)(a)(1). The higher pay received by a junior is on account of his earlier officiation in the higher post because of local officiating promotions which he got in the past. Because of the proviso to Rule 22 he may have earned increments in the higher pay scale of the post to which he is promoted on account of his past service and also his previous pay in the promotional post has been taken into account in fixing his pay on promotion. It is these two factors which have increased the pay of the juniors. This cannot be considered as an anomaly requiring the stepping up of the pay of the seniors. “ (emphasis supplied) In the result, the writ petition fails and it is accordingly dismissed. However, there shall be no order as to costs. [S.S.S.R., J.] [D.B.C., J.] 16.08.2023 NCC : Yes / No Index:Yes/No Internet:Yes/No sji To: The District Judge, Dindigul District, Dindigul S.S.SUNDAR, J. AND D.BHARATHA CHAKRAVARTHY,J. sji Pre-Delivery Order made in W.P.(MD)No.8006 of 2014 16.08.2023](https://sekarreporter.com/wp-content/themes/hueman/assets/front/img/thumb-medium-empty.png)
As the Order itself states, the stepping up is subject to three conditions: (1) Both the junior and the senior officers should belong to the same cadre and the posts in which they have been promoted should be identical and in the same cadre; (2) the scales of pay of the lower and higher posts should be identical; and (3) anomaly should be directly as a result of the application of Fundamental Rule 22-C which is now Fundamental Rule 22(I)(a)(1). We are concerned with the last condition. The difference in the pay of a junior and a senior in the cases before us is not as a result of the application of Fundamental Rule 22(I)(a)(1). The higher pay received by a junior is on account of his earlier officiation in the higher post because of local officiating promotions which he got in the past. Because of the proviso to Rule 22 he may have earned increments in the higher pay scale of the post to which he is promoted on account of his past service and also his previous pay in the promotional post has been taken into account in fixing his pay on promotion. It is these two factors which have increased the pay of the juniors. This cannot be considered as an anomaly requiring the stepping up of the pay of the seniors. “ (emphasis supplied) In the result, the writ petition fails and it is accordingly dismissed. However, there shall be no order as to costs. [S.S.S.R., J.] [D.B.C., J.] 16.08.2023 NCC : Yes / No Index:Yes/No Internet:Yes/No sji To: The District Judge, Dindigul District, Dindigul S.S.SUNDAR, J. AND D.BHARATHA CHAKRAVARTHY,J. sji Pre-Delivery Order made in W.P.(MD)No.8006 of 2014 16.08.2023
by Sekar Reporter · Published August 17, 2023
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by Sekar Reporter · Published February 14, 2021
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Dishonour of Cheque – Cheque issued by the Director and Executive Director of the Company – Company not arraigned as a party and only the individuals are arraigned as party – Company can not be implicated by filing a petition under Section 319 of Cr.P.C. (Madras)M.Dhandapani, J. Crl.O.P.No.10356 of 2011 and M.P.Nos.1 and 2 of 2011. D/d. 06.01.2020.
by Sekar Reporter · Published May 7, 2020