Case Note & Summary
The matter arose from a writ appeal filed by the State against an order of the High Court in W.P.No.5438 of 2024 dated 05.03.2024, which directed stepping up of pay of the respondent, a teacher, on par with her junior. The respondent had claimed that her junior was promoted to the post of Headmistress after obtaining Selection Grade and, therefore, was receiving a higher salary. The writ court, relying on G.O.Ms.No.25, Personnel and Administrative Reforms (FR.IV) Department, dated 23.03.2015, granted the relief. The State challenged this order, contending that pay fixation is an executive function and the High Court should exercise judicial restraint. During the pendency of the appeal, the Government issued G.O.Ms.No.164, School Education Department dated 16.07.2025, based on the recommendations of a One Man Commission, providing guidelines for grant of stepping up of pay in the Education Department. The appellate court noted that stepping up of pay, fixation of pay or re-fixation are complex issues to be done only after verifying the entire service records of the individual employees. It emphasized that mere comparison between a senior and a junior is not sufficient; the nature of increment or any additional benefit granted to the junior must be ascertained. The court referred to Supreme Court decisions in State of Bihar v. Bihar Secondary Teachers Struggle Committee, S.C.Chandra v. State of Jharkhand, and State of Haryana v. Haryana Civil Secretariat Personal Staff Association, which held that granting pay scales is purely an executive function and courts should not interfere with the same. The court further held that in exercise of limited power of judicial review under Article 226 of the Constitution, the High Court cannot directly issue a direction for stepping up of pay; only if an order of rejection is found to be patently unjustified, a direction to reconsider may be issued. Consequently, the appellate court set aside the writ court order and directed the appellants to consider the respondent's case in terms of G.O.Ms.No.164, School Education Department dated 16.07.2025, as expeditiously as possible. The writ appeal was allowed, no costs were awarded, and the connected miscellaneous petition was closed.
Headnote
A) Service Law - Pay Fixation/Stepping Up - Complex Nature and Need for Verification - Government Orders G.O.Ms.No.25 Personnel and Administrative Reforms (FR.IV) Department dated 23.03.2015 and G.O.Ms.No.164 School Education Department dated 16.07.2025 - The writ court directed stepping up of pay of respondent on par with junior relying on G.O.Ms.No.25; the appellate court held that stepping up of pay, fixation of pay or re-fixation are complex issues requiring verification of entire service records and that direct directions for fixation should be avoided - Held that High Court directly issuing a direction for stepping up of pay is not desirable and matters should be considered under G.O.Ms.No.164 (Paras 2-5, 9-10). B) Constitution - Judicial Review - Article 226 - Executive Function in Pay Scales - Constitution of India, Article 226 - Courts should exercise restraint in matters of pay fixation and should not interfere with executive function unless the decision is patently irrational, unjust and prejudicial; even where an order is unsustainable, the court should direct reconsideration, not declare a particular pay scale - Held that granting pay scales is purely an executive function and the court should not interfere; a writ petition seeking direction for stepping up of pay is not entertainable (Paras 6-8, 10). C) Service Law - Increments - Special Increments for Additional Qualifications - G.O.Ms.No.25 and G.O.Ms.No.164 - Mere fact that a junior receives higher salary does not constitute ground for stepping up of pay; the nature of increment or additional benefit granted to junior must be ascertained - Held that grant of an increment to a junior per se would not constitute ground to seek stepping up of pay because such increments may be special for acquiring additional qualifications or otherwise (Para 5). D) Government Order - Application of G.O.Ms.No.164 - Guidelines for Stepping Up of Pay in Education Department - G.O.Ms.No.164 School Education Department dated 16.07.2025 - Following One Man Commission recommendations, the Government issued guidelines for grant of stepping up of pay; all matters and applications relating to stepping up of pay in Education Department must be considered strictly in accordance with these guidelines - Held that the writ order dated 05.03.2024 is set aside and appellants are directed to consider the case of respondent in terms of G.O.Ms.No.164 as expeditiously as possible (Paras 10-11).
Issue of Consideration
Whether the High Court can directly issue a writ of mandamus directing stepping up of pay of a senior employee on par with a junior under Article 226 of the Constitution of India, and whether the writ court erred in granting such relief relying on G.O.Ms.No.25 dated 23.03.2015, instead of directing consideration under the subsequent G.O.Ms.No.164 School Education Department dated 16.07.2025.
Final Decision
The writ appeal was allowed; the order dated 05.03.2024 in W.P.No.5438 of 2024 was set aside; the appellants were directed to consider the case of the respondent in terms of G.O.Ms.No.164, School Education Department dated 16.07.2025 as expeditiously as possible; no costs were awarded; the connected miscellaneous petition was closed.
Law Points
- Stepping up of pay
- fixation of pay or re-fixation are complex issues to be done only after verifying entire service records
- mere comparison between a senior and junior is not sufficient
- nature of increment or additional benefit granted to junior must be ascertained
- granting pay scales is purely an executive function
- courts should not interfere
- equation of posts and salaries should be left to an expert body
- courts must exercise judicial restraint and not interfere in executive function
- under Article 226
- High Court cannot directly grant stepping up of pay
- only if rejection order is patently unjustified a direction to reconsider may be issued
- all matters relating to stepping up of pay in Education Department must be considered under G.O.Ms.No.164 School Education Department dated 16.07.2025
