Case Note & Summary
The petitioner was initially appointed as a Secondary Grade Teacher on 02.08.1995 and promoted as Primary School Headmaster on 07.06.2000. After completing 10 years in that post, he was awarded Selection Grade on 07.06.2010. Thereafter, he was promoted as B.T. Assistant (Tamil) on 29.06.2012 and then as Middle School Headmaster on 11.03.2013. He was subsequently reverted to Primary School Headmaster because the Middle School was upgraded to a High School, and later again promoted as Middle School Headmaster on 27.01.2022. The petitioner sought Special Grade Pay with effect from 07.06.2020, i.e., on completion of 20 years of service in the cadre of Primary School Headmaster, counting his earlier service in that post along with the period spent in promoted posts. The fifth respondent rejected his claim by order dated 07.10.2024, stating that Special Grade could be granted only to those who rendered 20 years of continuous service in the same cadre and that the petitioner had held three different cadres within that period. The core legal issue was whether service rendered in promoted posts from which the petitioner was reverted due to administrative reasons should be counted for the purpose of computing the qualifying service for Special Grade Pay under G.O.(Ms).No.68, Personnel & Administrative Reforms Department dated 23.01.1986. The petitioner contended that the promotions and reversions were not due to any fault on his part and that if he had continued as Primary School Headmaster, he would have completed the requisite 20 years. The respondents maintained that the Government Order required 10 or 20 years of service strictly in the same post. The court examined earlier decisions, particularly the order in W.P.(MD)No.28401 of 2023, which followed W.P.(MD)No.9598 of 2015 and W.A.(MD)No.434 of 2023, where a Division Bench affirmed that administrative reversions caused by want of vacancy should not penalize the employee. The court found that the issue was no longer res integra and that the petitioner’s case fell squarely within the precedent. Accordingly, the writ petition was allowed, the impugned rejection order was quashed, and the fifth respondent was directed to sanction Special Grade Pay to the petitioner with effect from 07.06.2020, along with all consequential benefits, within two months. No costs were ordered.
Headnote
A) Service Law - Special Grade Pay - Counting of Service in Promoted Posts - G.O.(Ms).No.68, Personnel & Administrative Reforms Department dated 23.01.1986 - The petitioner, a Primary School Headmaster, was promoted to Middle School Headmaster and later reverted due to administrative reasons; his application for Special Grade Pay was rejected on the ground that he had not completed 20 years continuous service in the same cadre because he held three different cadres within that period - The court followed earlier orders in W.P.(MD)No.28401 of 2023, W.P.(MD)No.9598 of 2015, and W.A.(MD)No.434 of 2023, where it was held that if promotions and reversions are due to administrative exigencies and not attributable to any fault of the employee, the service rendered in the promoted posts should be counted towards qualifying service for Special Grade Pay - Held that the impugned rejection order is quashed and direction issued to sanction Special Grade Pay with effect from 07.06.2020 with all consequential benefits (Paras 7-9)
Issue of Consideration
Whether the petitioner, who was promoted to Middle School Headmaster and subsequently reverted due to administrative reasons, is entitled to count the service in the promoted post towards the 20-year qualifying period for Special Grade Pay in the post of Primary School Headmaster?
Final Decision
Writ petition allowed. The impugned order dated 07.10.2024 passed by the fifth respondent is quashed. The fifth respondent is directed to sanction Special Grade Pay to the petitioner with effect from 07.06.2020 with all consequential benefits, to be completed within two months from the date of receipt of a copy of the order. No costs.
Law Points
- Legal points not extracted
- special grade pay eligibility
- counting of service in promoted posts for qualifying service
- administrative reversions not employee's fault
- G.O.(Ms).No.68 Personnel & Administrative Reforms Department dated 23.01.1986
- writ of certiorarified mandamus
- continuous service interpretation
