- A Bench of the Hon’ble SC in the case of State of UP vs. Aishwarya Pandey has stated that there cannot be two different pay scales for an employee employed on compassionate grounds and one appointed on a regular basis.
- The Court further said that as soon as someone is appointed to a particular post, that person is entitled to the pay scale of that post, and this holds true even if the person is employed on compassionate grounds.
- The instant SLP was filed by the State of UP against the decision of the Hon’ble Allahabad HC where the HC had granted the respondent's writ petition directing the authorities to pay Rs.8000- 13,000 pay scale to the employee who was appointed on compassionate grounds.
- It was the petitioner’s contention that the aforementioned pay scale was available to the post of Officer on Special Duty, a post which was required to be filled by the Public Service Commission. The State could not have filled the same, and since the compassionate appointment was done by the State, the respondent was therefore placed in the lower pay scale, which was Rs.6500- 10,500/-, lower than the pay scale required to be paid to an Officer on Special Duty.
- The Court did not find any merit in the petitioner’s contention. There was no dispute, according to the learned Court, that the respondent was appointed on the post of Officer on Special Duty, even if it was on compassionate grounds. However, the issue was that she was placed in the lower pay scale, which could not be done because employees on the same post have to be paid the same pay scale, and it does not matter if they were appointed on compassionate grounds or on a regular basis.
- The Court further observed that it was the State who had appointed the respondent on the post of Officer on Special Duty, and now it is not open for the State to contend that the respondent could not be appointed to the said post as it was required to be filled by the Public Service Commission.
- Thus, there can be no difference in the pay scale on the same post for a person who was appointed on compassionate grounds and one who was appointed on a regular basis.
- Thus the Court, finding no basis in the writ petition, dismissed the appeal.
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