Case Note & Summary
The petitioners, five retired employees of the Zilla Parishad, Aurangabad, filed a writ petition challenging the orders dated 03/08/2020 and 04/04/2019 passed by the respondents, which concluded that they were not entitled to the second time bound promotional pay scale under the Government Resolution dated 08/06/1995. The petitioners had been granted the first time bound promotional pay scale on 27/02/2019, but the respondents later denied the second promotion on the ground that the petitioners had retired before completing an aggregate of 24 years of service (two laps of 12 years each). The petitioners contended that the period of 12 years for the second time bound promotion should be computed from the date of grant of the first time bound promotion, not from the initial appointment date. The court, after hearing the parties, allowed the petition, quashed the impugned orders, and directed the respondents to grant the second time bound promotional pay scale and consequential pensionary benefits within eight weeks. The court held that the second lap of 12 years must be computed from the date of grant of the first time bound promotion, as per the Government Resolution.
Headnote
A) Service Law - Time Bound Promotional Pay Scale - Computation of Period - Government Resolution dated 08/06/1995 - The petitioners, retired employees, were denied second time bound promotional pay scale on the ground that they had not completed 24 years of service (two laps of 12 years each). The court held that the second lap of 12 years must be computed from the date of grant of the first time bound promotion, not from the initial appointment date. The impugned orders were quashed and set aside, and the respondents were directed to grant the second time bound promotional pay scale and consequential pensionary benefits within eight weeks. (Paras 1-10)
Issue of Consideration
Whether the petitioners, who retired before completing 24 years of service, are entitled to the second time bound promotional pay scale under the Government Resolution dated 08/06/1995, and whether the period of 12 years for the second promotion should be computed from the date of grant of the first time bound promotion or from the initial appointment date.
Final Decision
The court allowed the writ petition, quashed and set aside the impugned orders dated 03/08/2020 and 04/04/2019, and directed the respondents to grant the second time bound promotional pay scale to the petitioners and provide consequential pensionary benefits within eight weeks from the date of the order.
Law Points
- Time Bound Promotional Pay Scale
- Government Resolution dated 08/06/1995
- Computation of 12-year period
- Second time bound promotion
- Retirement benefits
Case Details
2022 LawText (BOM) (04) 22
WRIT PETITION NO.1082 OF 2021
Ravindra V. Ghuge, S. G. Dige
Mr D. R. Irale Patil for petitioners; Ms R. P. Gaur, A.G.P. for respondent No.1; Mr P. R. Nagare for respondent Nos.2 & 3
Jaishree Trimbak Takalkar, Sharda Shankar Adsool, Fatema Khuda Baqsh Sheikh, Shashikala Shamlala Katte, Sarala Parashram Agashe
The State of Maharashtra, The Chief Executive Officer, Zilla Parishad, Aurangabad, District Health Officer, Zilla Parishad, Aurangabad, Accounts Officer (Verification), Finance Department, Zilla Parishad, Aurangabad
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Nature of Litigation
Writ petition challenging orders denying second time bound promotional pay scale to retired employees.
Remedy Sought
Quashing of impugned orders dated 03/08/2020 and 04/04/2019, and direction to implement earlier order dated 27/02/2019 granting second time bound promotional pay scale and consequential pensionary benefits.
Filing Reason
The petitioners were denied the second time bound promotional pay scale on the ground that they had not completed 24 years of service (two laps of 12 years each) before retirement.
Previous Decisions
The petitioners were granted first time bound promotional pay scale by order dated 27/02/2019. Subsequently, by order dated 04/04/2019 and 03/08/2020, the respondents concluded that the petitioners were not entitled to the second time bound promotional pay scale as they had retired before completing the second lap of 12 years.
Issues
Whether the petitioners are entitled to the second time bound promotional pay scale under the Government Resolution dated 08/06/1995?
Whether the period of 12 years for the second time bound promotion should be computed from the date of grant of the first time bound promotion or from the initial appointment date?
Submissions/Arguments
The petitioners argued that the second lap of 12 years should be computed from the date of grant of the first time bound promotion, not from the initial appointment date.
The respondents contended that the petitioners had not completed an aggregate of 24 years of service (two laps of 12 years each) and therefore were not entitled to the second time bound promotional pay scale.
Ratio Decidendi
The second lap of 12 years for the second time bound promotional pay scale must be computed from the date of grant of the first time bound promotion, not from the initial appointment date. The petitioners, having been granted the first time bound promotion, are entitled to the second promotion upon completion of 12 years from that date, even if they retire before completing 24 years from initial appointment.
Judgment Excerpts
The petitioners are aggrieved by the order dated 03/08/2020, passed by respondent No.2 and the order on verification, dated 04/04/2019, concluding that the petitioners would not be entitled for the second time bound promotional pay-scales, as they have retired prior to completing the second lap of 12 years, i.e. an aggregate of 24 years.
The grievance of the petitioners is that, their services from the dates of their respective appointments should be considered as the starting point for calculating the first period of 12 years, so as to be entitled for the first benefit of the Government Resolution dated 08/06/1995, which introduced the assured time bound promotional pay-scales.
Procedural History
The petitioners were initially granted first time bound promotional pay scale on 27/02/2019. Subsequently, the respondents passed orders on 04/04/2019 and 03/08/2020 denying the second time bound promotional pay scale. The petitioners then filed the present writ petition on 05/04/2022, which was heard and finally disposed of on the same day.
