Regularisation of service should not lead to wage cut: Court

July 26th, 2010 - 7:13 pm ICT by IANS  

Gandhinagar, July 26 (IANS) The government cannot unilaterally reduce the pay of an employee when his services are regularized from the daily wage or contract mode, the Gujarat High Court has ruled.
Dismissing an appeal filed by the government and others in a judgment made available Monday, a division bench comprising Justice Bhagwati Prasad and Justice K.M. Thaker ruled that a person who is drawing higher emoluments cannot be paid reduced pay in the name of regularization.

The court was hearing a matter related to late Namdev Dangal who was paid a reduced pay by the government without giving him notice.

His widow Ansuyaben Patil and family members sought legal assistance from the court as they were unable to engage a lawyer.

The court directed the legal aid cell to provide assistance to them, if it was permissible.

While hearing the case, the bench observed that the government did not give any notice to the employee before reducing the pay.

The bench said: “The earlier pay of Rs.950 was reduced to Rs.750 being the regular pay scale, but then it was tantamount to reduction in pay.”

Justice Prasad noted: “A person who is drawing higher emoluments cannot be paid reduced pay in the name of regularization.”

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