Case Note & Summary
The petitioners, four employees of the Nagpur Municipal Corporation, were originally appointed as Hydrant Mistry in the Fire Brigade Department between August and November 2004. In 2015, the Corporation abolished the post of Hydrant Mistry and absorbed the petitioners into other departments: petitioner No.1 as Library Assistant and petitioners No.2 to 4 as Tax Collectors, with the same pay scale of Rs.5200-20200 with grade pay of Rs.1900. Subsequently, the Corporation granted them time-bound promotion under a 2011 circular, fixing their grade pay at Rs.2400 instead of the Rs.2800 they claimed. The petitioners argued that their next promotional post in the fire brigade would have been Senior Leading Fireman with grade pay of Rs.2800, and therefore they should receive that grade pay. The Corporation countered that after absorption, the petitioners' promotional hierarchy is based on their new posts: Library Assistant's next promotion is Assistant Librarian (grade pay Rs.2400) and Tax Collector's next promotion is Junior Tax Collector (grade pay Rs.2400). The court framed the issue as whether the petitioners were entitled to grade pay of Rs.2800. The court noted that the petitioners did not challenge the absorption resolution or order. Relying on the Establishment Schedule, the court found that the next promotional posts for Library Assistant and Tax Collector carried grade pay of Rs.2400. The court held that after absorption, the petitioners' entitlement to grade pay must be determined with reference to the promotional hierarchy of the post in which they were absorbed, not the original post. Consequently, the court dismissed the petition, finding no error in the Corporation's decision to grant grade pay of Rs.2400.
Headnote
A) Service Law - Time-Bound Promotion - Absorption - Grade Pay Fixation - Petitioners, originally Hydrant Mistry in Fire Brigade, were absorbed as Library Assistant and Tax Collector after abolition of their post - They claimed grade pay of Rs.2800/- (next higher for Senior Leading Fireman) but were granted Rs.2400/- based on promotional hierarchy of their new posts - Held that after absorption, petitioners are entitled to grade pay as per the promotional ladder of the post in which they were absorbed, not the original post (Paras 7-10).
Issue of Consideration
Whether the petitioners are entitled to get the benefit of first-time-bound promotion on the next higher pay scale with grade pay of Rs.2800/- instead of Rs.2400/- as granted by the Corporation?
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Time-bound promotion
- absorption
- equivalent pay scale
- grade pay fixation
- promotional hierarchy
Case Details
2025 LawText (BOM) (03) 191
Writ Petition No.5274 of 2021
Avinash G. Gharote, Abhay J. Mantri
Mr. S.S. Sanyal for petitioners, Mr. J.B. Kasat for respondents
Shri Vijay s/o Shalikram Khobragade, Shri Ranjit s/o Madhaorao Kamble, Shri Devendra s/o Dayaram Tekade, Shri Kisan s/o Fagoji Barai
The Nagpur Municipal Corporation through its Commissioner, Superintendent Library Department, and Assessor Tax Department
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Nature of Litigation
Writ petition challenging fixation of pay scale with grade pay of Rs.2400 instead of Rs.2800 upon time-bound promotion after absorption.
Remedy Sought
Direction to respondent No.1 to fix petitioners' pay scale with grade pay of Rs.2800.
Filing Reason
Petitioners were granted grade pay of Rs.2400 upon time-bound promotion instead of Rs.2800, which they claimed based on their original post of Hydrant Mistry.
Previous Decisions
Resolution No.97 dated 18-05-2015 abolished post of Hydrant Mistry; order dated 14-12-2016 absorbed petitioners into Library and Tax Departments; order dated 04-12-2018 granted time-bound promotion with grade pay of Rs.2400.
Issues
Whether the petitioners are entitled to grade pay of Rs.2800 instead of Rs.2400 upon time-bound promotion after absorption?
Submissions/Arguments
Petitioners argued that their next promotional post as Hydrant Mistry was Senior Leading Fireman with grade pay of Rs.2800, and they should receive that grade pay. Respondents argued that after absorption, the promotional hierarchy is based on the new posts (Library Assistant and Tax Collector), whose next promotions carry grade pay of Rs.2400.
Ratio Decidendi
After absorption into a new post, an employee's entitlement to grade pay upon time-bound promotion is determined by the promotional hierarchy of the post in which they are absorbed, not the original post. The petitioners did not challenge the absorption and are bound by the pay structure of their new posts.
Judgment Excerpts
The short point that arises for our consideration is- 'Whether the petitioners are entitled to get the benefit of first-time-bound promotion on the next higher pay scale with grade pay of Rs.2800/- instead of Rs.2400/- as granted by the Corporation?'
It is undisputed that the petitioners were appointed between 24-08-2004 and 02-11-2004 on the post of 'Hydrant Mistry.'
The petitioners have neither challenged nor disputed Resolution No.97 dated 18.05.2015 and the absorption order dated 14-12-2016, which itself denotes that they have no grievances about them.
Procedural History
Petitioners filed Writ Petition No.5274 of 2021 before the Bombay High Court, Nagpur Bench, challenging the fixation of grade pay at Rs.2400. The petition was heard and finally disposed of on the date of judgment.
