Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 24 November 2009

Higher Pay For Officiating In Higher Post

A postal employee ordered to peerform higher duties even if he is not eligible to hold that post, by a written order is entitled for emoluments of the higher post and if he retires while working in the post, he is entitled for pensionary benefits based on emoluments at the time of retirement.

Radhelal Gouda v. Union of India represented by Secretary.P&T Department. (Jabalpur) date of judgement 12.03.2008 Swamys News 9/2009.

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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 24 November 2009

Hi,

Please give some similar decision on 'Higher Pay for Officiating in higher Posts should not be denied'.

With Best Regards.

Gopal Krishna Behera,

Advocate

Orissa High Court, Cuttack.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 26 November 2009

It depends upon the settled terms and conditions agreed at the time of takin over the higher official duties. There is no legal right of such employee to get emoluments at the time of retirement in accordance or at par with the post officiated by him.

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 26 November 2009

Makkad Sirji,

Please go through the decision- Radhelal Gouda v. Union of India represented by Secretary.P&T Department. (Jabalpur) date of judgement 12.03.2008 Swamys News 9/2009 and give some similar decisions on the same point of law.

thanks.