Case Note & Summary
The petitioners, employees of the Union of India, were initially engaged on an ad hoc basis and later regularized. They filed Original Application No.121 of 2021 before the Central Administrative Tribunal, Ahmedabad Bench, seeking pay fixation based on their last drawn pay immediately before regularization, as well as seniority and other service benefits from the date of their initial engagement. The Tribunal partly allowed the application, directing the respondents to fix 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. However, the Tribunal declined the other benefits such as seniority from an earlier date and service benefits. Aggrieved by the denial of these additional benefits, the petitioners filed the present petitions under Article 226 of the Constitution of India. The High Court, after hearing both sides, upheld the Tribunal's order, finding no error in the Tribunal's reasoning. The court noted that the Tribunal had correctly applied the principle that pay on regularization should protect the last drawn pay, but seniority and other benefits cannot be claimed from the date of initial ad hoc engagement. The petitions were dismissed, affirming the Tribunal's order.
Headnote
A) Service Law - Pay Fixation - Regularization - Last Drawn Pay - The court considered whether employees regularized after a period of ad hoc service are entitled to have their pay fixed by protecting the last drawn pay immediately before regularization, and whether they are entitled to seniority and other service benefits from the date of initial engagement. The court upheld the Tribunal's direction to fix pay afresh based on last drawn pay but declined seniority and other benefits from an earlier date. (Paras 3-20)
B) Administrative Law - Central Administrative Tribunal - Jurisdiction - The court examined the scope of judicial review under Article 226 of the Constitution of India against orders of the Central Administrative Tribunal. The court held that the Tribunal's order was within its jurisdiction and did not warrant interference. (Paras 1-5)
Issue of Consideration
Whether the petitioners are entitled to pay fixation based on last drawn pay immediately before regularization, and whether they are entitled to seniority and other service benefits from an earlier date
Final Decision
The High Court dismissed both petitions, upholding the order of the Central Administrative Tribunal dated 06.08.2021. The Tribunal's direction to fix pay afresh based on last drawn pay was affirmed, and the denial of seniority and other service benefits from an earlier date was upheld.
Law Points
- Pay fixation on regularization must protect last drawn pay
- seniority cannot be claimed from date of initial engagement
- Central Administrative Tribunal has jurisdiction under Article 226
Case Details
R/Special Civil Application No. 1018 of 2022 with R/Special Civil Application No. 8375 of 2022
Bhargav D. Karia, L. S. Pirzada
Mr. Ramnandan Singh for the petitioners, Mr. Shushil R. Shukla for the respondents
Naresh K. Solanki S/o Karsanbhai Solanki & Ors.
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Nature of Litigation
Service matter - challenge to order of Central Administrative Tribunal partly allowing original application for pay fixation but denying seniority and other service benefits
Remedy Sought
Petitioners sought quashing of Tribunal's order to the extent it denied seniority and service benefits from earlier date, and sought direction to grant those benefits
Filing Reason
Petitioners were aggrieved by the Tribunal's order dated 06.08.2021 which partly allowed their application but denied seniority and other service benefits from the date of initial engagement
Previous Decisions
Central Administrative Tribunal, Ahmedabad Bench, by order dated 06.08.2021 in Original Application No.121 of 2021, directed pay fixation based on last drawn pay but declined seniority and other benefits from earlier date
Issues
Whether the petitioners are entitled to pay fixation based on last drawn pay immediately before regularization?
Whether the petitioners are entitled to seniority and other service benefits from the date of initial engagement?
Submissions/Arguments
Petitioners argued that they should be granted seniority and service benefits from the date of initial ad hoc engagement, as their regularization should relate back.
Respondents argued that the Tribunal correctly denied seniority and other benefits from an earlier date, as regularization does not confer retrospective seniority.
Ratio Decidendi
On regularization, pay must be fixed by protecting the last drawn pay immediately before regularization, but seniority and other service benefits cannot be claimed from the date of initial ad hoc engagement unless specifically provided by rules.
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.121 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.121 of 2021 before the Central Administrative Tribunal, Ahmedabad Bench, which was partly allowed on 06.08.2021. Aggrieved by the denial of seniority and other benefits, the petitioners filed Special Civil Application No.1018 of 2022 and Special Civil Application No.8375 of 2022 before the High Court of Gujarat under Article 226 of the Constitution of India. The High Court heard both petitions together and dismissed them by common order dated 06.02.2026.
Acts & Sections
- Constitution of India: Article 226
