The Supreme Court was dealing with a writ petition filed by the Maharashtra Government against the judgement passed by the Bombay High Court wherein the High Court had confirmed the judgement passed by the Maharashtra Administrative Tribunal, setting aside the govt’s orders which down-graded an employee’s pay scale and pension.
The facts of the case were that the employee was appointed as Technical Assistant in 1982 on work charge basis. In the year 1989, he was absorbed in the newly created post of Civil Engineering Assistant, which carried a different pay scale.
The employee benefitted from two Time Bound Promotions (TBPs), first, on completion of 12 years of service and thereafter on completion of 24 years of service. These TBPs were given considering 1982 as his year of appointment.
After his retirement, when the pension proposal was being considered, the Office of the Accountant General pointed out this anomaly and raised an objection. The concerned department of the Government of Maharashtra down-graded the pay scale and re-fixed pension. Feeling aggrieved, the employee approached the Tribunal. The Tribunal observed that the services rendered by respondent no.1 on the post of Technical Assistant from 1982 to 1989 cannot be wiped out from consideration while granting the benefit of first TBP. The Maharashtra Govt. filed a writ petition before the High Court, which got dismissed. Hence, the govt. filed a writ petition in the Supreme Court.
The Supreme Court expounded that, “The benefit of TBP scheme shall be applicable when an employee has worked for twelve years in the same post and in the same pay scale.”
Therefore, the Apex Court held that the department was right in holding that the contesting respondent was entitled to the first TBP on completion of twelve years from the date of his absorption in the year 1989 in the post of Civil Engineering Assistant, which was altogether a different post carrying a different pay scale.
However, the top court noted that since the TBPs were not given due to any misrepresentation by the contesting respondent and on the contrary, the same was granted on the approval of the Government and the Finance Department, there shall be no recovery on re-fixation of the pay scale. However, the respondent shall be entitled to the pension on the basis of the re-fixation.
Read the Judgement:
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