Case Note & Summary
The petitioners, who were initially appointed as casual labourers in the Department of Posts, were regularized after several years. They filed Original Application No.120 of 2021 before the Central Administrative Tribunal, Ahmedabad Bench, seeking pay fixation protecting their last pay drawn before regularization and seniority from the date of initial appointment. The Tribunal partly allowed the application, directing the Department to fix pay afresh after taking into account the last pay drawn, but declined seniority from initial appointment. The petitioners challenged this order before the Gujarat High Court under Article 226 of the Constitution. The High Court, after hearing both sides, held that the last pay drawn before regularization must be protected and seniority must be counted from the date of initial appointment as casual labourers. The Court relied on the principle of equal pay for equal work and the CCS (Fixation of Pay of Re-employed Pensioners) Rules, 1986. The petitions were allowed, and the impugned order of the Tribunal was modified accordingly.
Headnote
A) Service Law - Pay Fixation on Regularization - Protection of Last Pay Drawn - The Tribunal directed the Department to fix pay afresh after taking into account the last pay drawn by the petitioners immediately before regularization, but the petitioners sought protection of that last pay drawn and seniority from initial appointment. The High Court held that the last pay drawn must be protected and seniority must be counted from the date of initial appointment as casual labourers, relying on the principle of equal pay for equal work and the CCS (Fixation of Pay of Re-employed Pensioners) Rules, 1986. (Paras 1-20) B) Service Law - Seniority - Counting from Initial Appointment - The Tribunal denied seniority from the date of initial appointment as casual labourers. The High Court held that seniority must be counted from the date of initial appointment as casual labourers, as the petitioners were continuously working and their regularization was a continuation of service. (Paras 1-20) C) Service Law - Equal Pay for Equal Work - The petitioners claimed equal pay for equal work with regular employees. The High Court held that the principle of equal pay for equal work applies, and the petitioners are entitled to pay protection and seniority benefits. (Paras 1-20)
Issue of Consideration
Whether the Central Administrative Tribunal erred in directing pay fixation afresh without protecting the last pay drawn and in denying seniority from the date of initial appointment as casual labourers.
Final Decision
The High Court allowed the petitions, modifying the Tribunal's order to direct that the last pay drawn before regularization be protected and seniority be counted from the date of initial appointment as casual labourers.
Law Points
- Pay fixation on regularization must protect last pay drawn
- seniority counts from initial appointment as casual labourer
- principle of equal pay for equal work
- protection of pay under CCS (Fixation of Pay of Re-employed Pensioners) Rules
- 1986
