In a significant ruling, the Delhi High Court delivered a landmark judgement in the case involving the protection of rights for Group ‘D’ employees, as seen in the Inder Pal Yadav v. Union of India legal dispute. This decision sets a precedent for safeguarding the legitimate claims and entitlements of employees in lower grade positions, ensuring fairness and justice in the workplace.
Facts
- The petitioner’s pay was reduced to that of a Senior Research Assistant on 06.03.2013.
- Recoveries were sought as the petitioner continued to receive the higher salary of a Research Officer until 06.03.2013.
Arguments
- The petitioner was rightly reverted to the post of Economic Officer after working on a higher post as Research Officer for more than 14 years.
- While the respondents were justified in making recoveries of excess amount paid to the petitioner during his reversion, the petitioner cannot claim pay protection for the post-06.03.2013 period.
- The petitioner’s long service on a higher post with no complaints against him should be considered in the release of his terminal benefits.
- The petitioner’s entitlement to continue on the post of Research Officer was on an ad hoc basis, as clarified to him earlier.
Analysis
- The appellants were made to work on the post of Storeman-cum-Clerk, a higher post with higher pay scale, for a long period of more than ten years.
- Appellants claimed to continue on the higher post and questioned the drop in their emoluments.
- The decision in Inder Pal Yadav v. Union of India was referenced, where similarly placed railway employees were granted partial relief by the court.
- The court aimed to protect the petitioners against anomalies that may arise if they were to be reverted to a lower post in the future, considering their passed trade tests for promotional levels.
- Employees in Group ‘D’ post have their pay protected even after repatriation to Group ‘C’ post in the parent department.
- Services of employees in Group ‘D’ post utilized for long periods for higher Group ‘C’ posts with higher responsibilities.
- Pay protection, age relaxation, and counting of service on higher posts for employees in Group ‘D’ post is their legitimate claim.
- Entitlement to same pay as contemporaries if posted back to the same project, unless contemporaries are in those posts based on selection.
- Efficiency and fitment considerations for employees in Group ‘D’ post should take into account trade tests passed and length of service in various projects.
- Service spent on ad hoc basis in Group ‘C’ post to be given weightage and counted towards requisite service for higher Group ‘C’ posts.
- Appellants can claim age relaxation and advantage of experience from their long period on higher Group C post.
- Decision to make recoveries from the petitioner for receiving higher salary when reverted is unsustainable.
- The petitioner was not responsible for receiving the higher amount.
- Appellants cannot be granted relief of regularizing their services based on ad hoc promotions.
- Petitioner should be granted terminal dues based on the salary as a Research Officer for 14 years.
Decision
- The appellants are entitled to additional reliefs without disturbing orders of the Tribunal and the High Court.
- Any age bar restriction will be relaxed for the appellants.
- The appellants will be considered for promotion to Group C post.
- The writ petition is disposed of with the appellants being granted the mentioned reliefs.
- The demand by the respondents for the refund of the differential higher amount paid to the petitioner for a specific period is quashed.
- The terminal benefits of the petitioner, including pension, will be fixed based on the higher scale he was receiving as a Research Officer for over 14 years.
- The petitioner will not be entitled to the pay of the Research Officer despite his long service in that position.
Case Title: KISHOR KUMAR MAKWANA Vs. UNION OF INDIA & ANR (2024:DHC:3961-DB)
Case Number: W.P.(C)-239/2016
