Supreme Court · 2007 INSC 454 · Decided 24 April 2007
Babulal Jain v. Sta Te of M.P. and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 454 · [2007] 5 S.C.R. 514
- Case number
- CIVIL APPEAL No. 2125/2007
- Decided
- 24 April 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142
Headnote
Service Law: c Deputation to a higher post-Fixation of pay-Instructions of State Government that transfer from one Department to another would be treated as posting and not appointment-Pay of employee fixed as per FR 22(D)- Later pay refixed and excess payment ordered to be recovered-Held, the on Deputation-For all intent and purpose he was D deputed to that post-As such, he could not have been placed on a higher scale of pay-FR 22(D) is not applicable to a case of deputation-However, in exercise of jurisdiction under Article 142 of the Constitution, Department r directed to refund
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