Does an order fixing one employee's pay by mandamus have consequences beyond that employee?
Coram: Justice S.M.Subramaniam · Justice N.Senthilkumar
Yes. Pay fixation does not rest on the individual alone: it rests on finance department orders and clarifications issued commonly by the Government, and on Pay Commission clarifications. A direction granting fixation or refixation in one case may therefore cause prejudice to other similarly placed persons, which is a further reason for the writ court to stay its hand.
Pay Rules and Government Orders — Selection Grade — Fixation of pay — Judicial review — Writ of Mandamus — Pay Rules and Government Orders — Fixation of pay — Administration decides at the first instance — Held: Fixation of pay and grant of selection grade turn on the Service Register and on clarifications the Court cannot see; the writ court exercises restraint and leaves them to the authorities at the first instance. (¶4) Writ of Mandamus — Pay fixation for one person — Prejudice to those similarly placed — Held further: A mandamus fixing one person's pay may prejudice those similarly placed. Order set aside, with liberty to apply to the competent authority. Appeal allowed. (¶5, ¶7)
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