A K PADMAJAN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner started his career as Works Superintendent in the Public Works Department. On 4.10.1962 he was posted as Tracer and on 28-8-1965 he was promoted as Second Grade Draftsman. On 29-3-1968 he was further promoted as First Grade Draftsman. The dispute in the case is with regard to the grant of grade benefit based on reports of the IVth and Vth Pay Commissions. The petitioner is aggrieved that by issuance of Ext.P1 his pay, which was originally fixed as Rs. 2470/- w.e.f. 1-7-1989 has been reduced to Rs. 2310/-. The prayer is the quash Ext.P1 order and to direct the respondents not to recover the alleged excess pay as directed in Ext. P1.

(2.) As per G.O. (Ms) 439/79/GAD dated 1-8-1979 Government servants in the entry grade without getting any promotion in the normal course were allowed the benefit of higher grade on completion of 13 years of service in the entry grade. This was modified as per G.O.(P) 939/80(270) Fin. Dated 19-12-1980. The benefit was limited to persons holding posts carrying nine scales of pay. On 16-9-1985 G.O.(P) 515/85/Fin. was issued stipulated that employees in the revised scales of pay ranging from Rs.550 800 to Rs. 1150 2270 will be allowed promotion to higher grade on completion of 10 years of service and a second higher grade after either 10 years of service in the first higher grade or a total service of 20 years in the two grades together, whichever is earlier. On 8.2.1988 G.O.(P) 97/88(192)/(Ext.P2) was issued clarifying that the government s intention was that one higher grade should be available to all non-gazetted officers irrespective of their entry grade; that when the scheme was liberalized the intention was to enlarge the coverage; that the government did not want to withdraw the benefits already given; and that what the government intended was to confer one more benefit to the employees by reducing the period to earn higher grade from13 to 10 years and allowing a second higher grade after a total service 20 years provided they are in the scale of pay ranging from Rs. 550-800 to Rs.1150-2270. It was further clarified that even in the case of employees who had two levels of promotion, under the liberalized scheme of time-bound higher grade promotion after 10 years of service and a second higher grade after 20 years of service in the last promoted post in the regular line provided its scale of pay is within the range of Rs.550-800 and Rs.1150-2270. Petitioner was in the scale of Rs.1050-2000, which was the scale allowed for Assistant Engineers w.e.f. 1-7-1983 and hence he claimed the benefit of the said Government order and that is how his pay was fixed as Rs. 2470 w.e.f. 1-7-1989.

(3.) New pay scales came into effect based on the recommendations of the Vth pay Commission w.e.f. 1-7-1988 G.O.(P) 480/89/Fin. Dated. 1.11.1989, issued in this regard provided, inter alia, as follows: The revised scheme of time bound grade promotions will be as follows with reference to the scales of pay on initial recruitment: