Case Note & Summary
The petitioner, Ramesh s/o Channapa Kompalli, was appointed as a Junior Clerk in the office of respondent No.4 on 4th March, 1985 and later promoted to Store Keeper on 23rd April, 1998. The State of Maharashtra issued various Government Resolutions dated 1.11.1977, 28.11.1979, 17.5.1980 and 11.2.1992, deciding to grant exemption from passing the Divisional Examination for higher pay scale or promotion to employees who had completed 45 years of age. The petitioner completed 45 years on 8th November, 2004 and also completed 12 years of service in 2005. Respondent No.4 issued a letter dated 14th March, 2005 confirming the exemption. However, the respondents denied the petitioner higher pay scale and pensionary benefits on the ground that he had not passed the departmental examination. The petitioner filed a writ petition seeking direction to grant higher pay scale and pensionary benefits. The Court observed that once exemption is granted, the condition of passing the examination cannot be insisted upon. The Court allowed the petition, directing the respondents to grant higher pay scale and pensionary benefits as per rules and pay arrears within three months.
Headnote
A) Service Law - Exemption from Departmental Examination - Higher Pay Scale - The petitioner, a government employee, was exempted from passing the Divisional Examination as per Government Resolutions dated 1.11.1977, 28.11.1979, 17.5.1980 and 11.2.1992, having completed 45 years of age. The respondent authorities denied higher pay scale and pensionary benefits on the ground that the petitioner had not passed the examination. The Court held that once exemption is granted, the condition of passing the examination cannot be insisted upon for grant of higher pay scale and pensionary benefits. (Paras 1-10) B) Service Law - Pensionary Benefits - Superannuation - The petitioner superannuated on 31.10.2012. The Court directed the respondents to grant the petitioner higher pay scale and pensionary benefits as per rules, considering the exemption granted, and to pay arrears within three months. (Paras 11-12)
Issue of Consideration
Whether the petitioner, who was exempted from passing the departmental examination due to having completed 45 years of age, is entitled to higher pay scale and pensionary benefits despite not passing the examination?
Final Decision
The Court allowed the writ petition, directing the respondents to grant the petitioner higher pay scale and pensionary benefits as per rules, considering the exemption granted, and to pay arrears within three months.
Law Points
- Exemption from passing departmental examination for employees above 45 years
- Higher pay scale on completion of 12 years service
- Pensionary benefits on superannuation
- Government Resolution dated 1.11.1977
- 28.11.1979
- 17.5.1980
- 11.2.1992
