MANGAL SEN Vs. STATE OF UP. & ORS.

JUDGEMENT

(1.) Heard learned Counsel for the petitioner.

(2.) Learned Counsel relies on Regulation 93 of the U.P. Sugar Cane Staff (Societies and Sugar Mill Workers) Regulation, 1986 to contend that since he was holding charge of two posts, therefore, he is entitled to the payment, which is wrongly being recovered from the petitioner. Regulation 93 is being quoted hereunder:

(3.) A perusal of the regulation aforesaid, would indicate that there has to be a formal appointment against both the posts in order to enable the employee to claim the additional salary as is sought to be done by the petitioner.