Case Note & Summary
The petitioners, four drivers employed by Zilla Parishads in Gadchiroli, Amravati, and Chandrapur, filed a writ petition seeking quashing of Government Resolution dated 17.5.2003, which excluded them from the time bound promotion scheme. They also sought implementation of Government Resolution dated 3.8.2001 and grant of revised pay scales as per the 6th Pay Commission. The post of driver is a Class III isolated post with no promotion opportunities. The State had introduced a time bound promotion scheme via Government Resolution dated 8.6.1995 for Class III and Class IV employees, but the subsequent resolution dated 17.5.2003 excluded drivers. The petitioners argued that this exclusion was arbitrary and discriminatory. The respondents contended that drivers were not entitled to the scheme due to the nature of their post. The court analyzed the resolutions and found that the exclusion was not based on any rational classification. It held that drivers were similarly situated to other Class III employees and were entitled to the same benefits. The court quashed the resolution dated 17.5.2003 and directed the respondents to implement the resolution dated 3.8.2001 and grant revised pay scales as per the 6th Pay Commission, with consequential benefits within three months.
Headnote
A) Service Law - Time Bound Promotion Scheme - Isolated Posts - Government Resolution dated 17.5.2003 quashed as discriminatory - The court held that the exclusion of drivers from the time bound promotion scheme was arbitrary and violative of Article 14 of the Constitution, as drivers in Zilla Parishads were similarly situated to other Class III employees who were granted the benefit. (Paras 1-10)
B) Service Law - Pay Scale - 6th Pay Commission - The court directed the respondents to implement the Government Resolution dated 3.8.2001 and grant revised pay scales as per the 6th Pay Commission to the petitioners, with consequential benefits. (Paras 11-15)
Issue of Consideration
Whether the Government Resolution dated 17.5.2003, which excluded drivers from the time bound promotion scheme, is arbitrary and discriminatory, and whether the petitioners are entitled to the benefits of the earlier Government Resolution dated 3.8.2001 and revised pay scales as per the 6th Pay Commission.
Final Decision
The court allowed the petition, quashed Government Resolution dated 17.5.2003, and directed the respondents to implement Government Resolution dated 3.8.2001 and grant revised pay scales as per the 6th Pay Commission to the petitioners within three months.
Law Points
- Time bound promotion scheme
- isolated posts
- discrimination
- government resolution
- pay scale
- 6th Pay Commission
- mandamus
Case Details
2015 LawText (BOM) (07) 171
Writ Petition No. 5213 of 2012
B.R. Gavai, Indira K. Jain
Shri Sunil Manohar, Senior Advocate with Shri A.P. Chaware for petitioners; Smt. Bharti Dangre, Govt. Pleader for respondent no. 1; Mrs. M.P. Munshi for respondent no. 2; Shri J.B. Kasat for respondent no. 3; Shri B.B. Mehadia for respondent no. 4
Sarjerao Rangnath Chauhan, Ramesh Anandrao Rao, Dilip Vithoba Durselwar, Gajanan Shankarrao Junghare
State of Maharashtra, Zilla Parishad Gadchiroli, Zilla Parishad Amravati, Zilla Parishad Chandrapur
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Nature of Litigation
Writ petition seeking quashing of government resolution and direction for implementation of time bound promotion scheme and revised pay scales.
Remedy Sought
Petitioners sought issuance of writ of mandamus to quash Government Resolution dated 17.5.2003, direct implementation of Government Resolution dated 3.8.2001, and grant revised pay scales as per 6th Pay Commission.
Filing Reason
Petitioners, drivers in Zilla Parishads, were excluded from the time bound promotion scheme by Government Resolution dated 17.5.2003, which they alleged was arbitrary and discriminatory.
Issues
Whether the Government Resolution dated 17.5.2003 excluding drivers from the time bound promotion scheme is arbitrary and discriminatory?
Whether the petitioners are entitled to the benefits of Government Resolution dated 3.8.2001 and revised pay scales as per the 6th Pay Commission?
Submissions/Arguments
Petitioners argued that the exclusion of drivers from the time bound promotion scheme was arbitrary and violative of Article 14, as they were similarly situated to other Class III employees.
Respondents contended that drivers were not entitled to the scheme due to the isolated nature of the post and lack of promotion avenues.
Ratio Decidendi
The exclusion of drivers from the time bound promotion scheme was arbitrary and discriminatory, as drivers in Zilla Parishads were similarly situated to other Class III employees who were granted the benefit. The court held that the Government Resolution dated 17.5.2003 was violative of Article 14 of the Constitution.
Judgment Excerpts
By this petition, petitioners seek issuance of writ of mandamus or any other appropriate writ (i) quashing and setting aside government resolution dated 17.5.2003 (ii) directing respondent no.1 to implement and continue the effect of government resolution dated 3rd August, 2001 and (iii) granting revised pay scale as per the recommendations of 6th Pay Commission.
Procedural History
The petitioners filed Writ Petition No. 5213 of 2012 before the High Court of Judicature at Bombay, Nagpur Bench, seeking relief against the Government Resolution dated 17.5.2003. The court heard the matter and delivered judgment on 16th July 2015.
Acts & Sections
- Constitution of India: Article 14
