Case Note & Summary
The petitioner, a retired District and Sessions Judge, filed a writ petition under Article 226 of the Constitution of India seeking re-fixation of his basic pay from the date of his promotion to the cadre of District Judge and from subsequent dates when his juniors were promoted, along with consequential reliefs. During the pendency of the petition, the Government issued a Resolution dated 25.7.1991 granting part of the relief from some later dates. The petitioner contended that the relief should be granted from earlier dates and that he should be paid interest on the belated payment. The court, after hearing both sides, allowed the petition, directing re-fixation from the earlier dates and payment of interest.
Headnote
A) Service Law - Pay Fixation - Promotion - District Judge - Re-fixation of basic pay from date of promotion - Petitioner, a retired District and Sessions Judge, sought re-fixation of his basic pay from the date of his promotion and from dates when his juniors were promoted - Government Resolution dated 25.7.1991 granted part relief from later dates - Court held that the relief should be granted from earlier dates and petitioner is entitled to interest on belated payment (Paras 2-3).
Issue of Consideration
Whether the petitioner is entitled to re-fixation of his basic pay from the date of his promotion to the cadre of District Judge and from subsequent dates when his juniors were promoted, and whether he is entitled to interest on belated payment.
Final Decision
The court allowed the writ petition, directing re-fixation of basic pay from the date of promotion and from subsequent dates when juniors were promoted, with interest on belated payment as per Government Resolution.
Law Points
- Pay fixation
- Promotion
- District Judge
- Article 226
- Government Resolution
- Interest on delayed payment
Case Details
2006 LawText (BOM) (06) 108
Writ Petition No. 1796 of 1990
P.V. Kakade, B.P. Dharmadhikari
R.B. Pendharkar, S.P. Hedaoo, K.S. Dhote
Arvind Wamanrao Pendharkar (deceased) through L.Rs.
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Nature of Litigation
Writ petition under Article 226 of Constitution of India for re-fixation of pay and consequential benefits.
Remedy Sought
Re-fixation of basic pay from date of promotion and from dates when juniors were promoted, with interest on belated payment.
Filing Reason
Petitioner's basic pay was not re-fixed from the correct dates despite being promoted to District Judge cadre.
Previous Decisions
Government Resolution dated 25.7.1991 granted part relief from later dates, but petitioner claims it should be from earlier dates.
Issues
Whether the petitioner is entitled to re-fixation of basic pay from the date of his promotion to the cadre of District Judge?
Whether the petitioner is entitled to interest on belated payment?
Submissions/Arguments
Petitioner argued that relief should be granted from earlier dates and interest should be paid on belated payment.
Respondent State did not object to further hearing and was heard.
Ratio Decidendi
A retired District Judge is entitled to re-fixation of pay from the date of promotion and interest on delayed payment under Article 226.
Judgment Excerpts
By this writ petition filed under Article 226 of Constitution of India, the petitioner, deceased and retired District and Sessions Judge has claimed a relief of re-fixation of his basic pay with effect from the date on which he was promoted to the cadre of District Judge...
During the pendency of petition, by Government Resolution dated 25.7.1991, he has been given part of relief from some later dates.
Procedural History
Writ Petition No. 1796 of 1990 filed in Bombay High Court, Nagpur Bench. During pendency, Government Resolution dated 25.7.1991 granted part relief. Heard on June 19 & 20, 2006, and judgment pronounced on June 20, 2006.
Acts & Sections
- Constitution of India: Article 226
