Revision of Pay Scales for Assistant Executive Engineers: Court’s Legal Analysis

698/2020, by which, the Division Bench of the High Court has dismissed the said appeal preferred by the appellant(s) herein and has affirmed the judgment and order passed by the learned Single Judge in Writ Petition No. D.O./order dated 02.06.2008 was issued granting the approval for revision of pay scales by 12% (10+2%) effecting from 01.04.2003. By the impugned judgment and order, the Division Bench has partly allowed the appeal to the extent deleting the direction of the learned Single Judge to pay interest on the arrears amount at 8% per annum from 04.11.2020 till realization. 1 Having heard learned counsel appearing on behalf of the respective parties and having gone through the relevant D.O./orders, more particularly, D.O./orders dated 27.09.2006 and 02.06.2008, the original writ petitioners though were appointed in the year 2007 shall be entitled to the benefit of revision of pay adding 12% in addition to the existing pay to the post of Assistant Executive Engineer (Electrical). On conjoint reading of D.O./orders dated 27.09.2006 and 02.06.2008, all those employees subject to fulfilment of the conditions mentioned in D.O./order dated 02.06.2008 shall be entitled to the additional 2% in addition to the existing pay, irrespective whether as on 01.04.2003 they were in service or not. Therefore, as such the learned Single Judge and the Division Bench of the High Court have materially erred in directing to revise the pay scale by adding 2% to the basic pay automatically that too from the date of their appointment. With this modification, the present appeal stands disposed of.

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Case Number: C.A. No.-002702-002702 / 2023

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