Source: The Sangai Express
Imphal, October 05:
In a landmark judgement that would virtually save substantial amount of State fund, a full Bench of the Guwahati High Court has ruled that any employee, simply entrusted additional charges of a higher post without any relevant appointment order in terms of Fundamental Rules 49, is not entitled to claim pay and allowances for such higher posts.
The consequential ruling was made on September 28 at Guwahati by Justice PG Agarwal, Justice Ranjan Gogoi and Justice HN Sharma following two writ petitions filed together by one A Tombi Singh who is serving as Assistant Survey and Settlement Officer at the State Settlement Department.
Dismissing the petition , the full Bench maintained that an incumbent holding a higher post on in-charge basis under an order containing specific conditions that it would be without extra remunerations, is not entitled to read in the order more than it discloses.
"Likewise such employee, who is simply delegated the power of the higher post, while serving in his substantive post in the lower cadre, is also not entitled to get the higher pay scale, unless directed by the authority otherwise", mentioned the ruling.
Concerning the petitioner's case, it said that he was delegated with the power and functions of Assistant Survey and Settlement Officer under section 166 of the Manipur Land Revenue and Land Reforms (MLR &LR) Act 1960. The High Court order further ruled that the petitioner would not be entitled to get any extra remuneration nor will have any legitimacy to claim for regularisation to the higher post.