Advocate General informed the court that there is no recovery and the salary slips files along with the statement shows that there is no reduction in salary between December and January. In fact there is a gross and net increase. The same was noticed.
High Court
The High court also made series of observations about the strike. The Court says strike is not advisable when the matters are pending in the court. That would be amounting to putting pressure on the court for grant of relief, the Court said and added that the Court is also of the same view as observed by the Supreme Court that when the matters is pending in court , there should not be resort to strike. The Court said any agitational path is not advisable for the government servants and Hope better sense prevails.
The Court said the contention of the petitioners is that since there is a reduction in their salary after the new prc the government will seek to recover the excess amounts paid by them since the date the prc has been made effective. Advocate General contended that there is no such thing as recovery and also that the salaries of all the employees has increased after the PRC. The petitioner apprehend that due to downward revision of their hra the Govt will recover that amount from them, he said. He said “Further all the aspects have been so adjusted to ensure that there is no possibility of the salary drawn by the employee in January being lower than the salary drawn in December”.
He stated “The statement containing the pay particulars of all the 32 bands in the scale of pay , was filed before the court to indicate that all the categories of employees would have a hike in the salary”.
When the High court pointed out from the petitioners pay slip about the reduced amount of HRA in January as opposed to December, Advocate General said that it is because of the downward revision of HRA , but, the total package has been so arrived , including retrospective effect of implementation and monetary benefits being payable w.e.f 1.4.2020.
When it came to the DA, it was pointed out to the court that the DA series as of December was different and the DA series had to commence anew from 1.7.2018 and accordingly we would see different bands of DA, he said.
