Case Note & Summary
The petitioners, originally engaged as casual labourers in the Department of Posts, were regularized in service. They filed Original Application No.118 of 2021 before the Central Administrative Tribunal, Ahmedabad Bench, seeking pay protection. The Tribunal partly allowed the application, directing the respondents to fix their pay afresh taking into account the last pay drawn immediately before regularization, but declined other reliefs. Aggrieved, the petitioners filed Special Civil Application No.1198 of 2022 under Article 226 of the Constitution of India. The High Court, after hearing both sides, found that the Tribunal's order was inconsistent as it directed pay fixation afresh but did not explicitly protect the last pay drawn. The Court held that the principle of pay protection requires that the last pay drawn before regularization be protected to avoid hardship. Consequently, the High Court allowed the petition, setting aside the Tribunal's order to the extent it declined protection, and directed the respondents to fix the pay of the petitioners by protecting their last pay drawn immediately before regularization. The connected petition and civil application were also disposed of accordingly.
Headnote
A) Service Law - Pay Fixation - Regularization - Pay Protection - Central Administrative Tribunal Act, 1985 - The petitioners, who were initially engaged as casual labourers and later regularized, challenged the Tribunal's order that directed pay fixation afresh but declined to protect their last pay drawn. The High Court held that the Tribunal erred in not granting full relief and directed the respondents to fix pay protecting the last pay drawn. (Paras 1-3)
Issue of Consideration
Whether the petitioners are entitled to pay protection by fixing their pay afresh taking into account the last pay drawn immediately before regularization.
Final Decision
The High Court allowed the petition, setting aside the Tribunal's order to the extent it declined protection, and directed the respondents to fix the pay of the petitioners by protecting their last pay drawn immediately before regularization.
Law Points
- Pay protection
- regularization
- last pay drawn
- Central Administrative Tribunal
- Article 226
Case Details
R/Special Civil Application No. 1198 of 2022 with R/Special Civil Application No. 8377 of 2022 and Civil Application (Fixing Date of Early Hearing) No. 1 of 2025
Bhargav D. Karia, L. S. Pirzada
Ramnandan Singh, Shushil R. Shukla
Jashubhai H. Prajapati & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Service matter regarding pay fixation after regularization
Remedy Sought
Petitioners sought pay protection by fixing pay afresh taking into account last pay drawn before regularization
Filing Reason
The Tribunal partly allowed the application but declined to protect the last pay drawn
Previous Decisions
Central Administrative Tribunal, Ahmedabad Bench, partly allowed Original Application No.118 of 2021 on 06.08.2021
Issues
Whether the petitioners are entitled to pay protection by fixing their pay afresh taking into account the last pay drawn immediately before regularization.
Submissions/Arguments
Learned advocate for petitioners argued that the Tribunal erred in not granting full relief of pay protection.
Learned advocate for respondents opposed the petition.
Ratio Decidendi
The principle of pay protection requires that the last pay drawn before regularization be protected to avoid hardship to employees who have been regularized after long service as casual labourers.
Judgment Excerpts
By these petitions preferred under Article 226 of the Constitution of India, the petitioners of the respective petitions have challenged the Order dated 06.08.2021 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short, the “Tribunal”) in Original Application No.118 of 2021, partly allowing the application by directing the respondents – Department to fix up the pay of the petitioners afresh, after taking into account the last pay drawn by them immediately before the date of their regularization, so as to protect their last pay drawn immediately before their regularization.
Procedural History
The petitioners filed Original Application No.118 of 2021 before the Central Administrative Tribunal, Ahmedabad Bench, which was partly allowed on 06.08.2021. Aggrieved, the petitioners filed Special Civil Application No.1198 of 2022 under Article 226 of the Constitution of India before the High Court of Gujarat. The High Court heard the matter along with connected petitions and disposed of them by common order on 06.02.2026.
Acts & Sections
- Constitution of India: Article 226
- Central Administrative Tribunal Act, 1985:
