In a significant ruling by the Gujarat High Court, a judgment was passed in the Pay Scale Fixation Case. The case involved the petitioner, a former Chief District Health Officer, whose pay scale was unjustly refixed post-reinstatement. The court’s decision addressed the government’s failure to provide the petitioner with the option as per the Government Resolution dated 11.7.2008. Stay tuned to learn more about this crucial legal development.
Arguments
- Petitioner challenges the decision of the respondents in fixing the pay scale of the petitioner in the lower range.
- State Government passed a Resolution in 2008 regarding pay scale revision for employees selected through GPSC.
- Petitioner argues that as option was not sought during suspension, it should be given post-suspension as a special case.
- Communication in 2019 recommended granting option to petitioner even after retirement due to initial option not being sought.
- Petitioner requests court intervention to prevent adverse consequences and recovery based on lack of option.
- AGP opposes petition stating 17 employees were required to give option regarding pay scale, which petitioner did not do.
- AGP justifies the decision of fixing petitioner’s pay scale lower due to lack of option given at the relevant time.
- AGP argues that since petitioner was suspended during the time for option, it could not be availed.
- Issue of recovery based on pay scale fixation is also raised in opposition to the petition.
- The petitioner was appointed as a Chief District Health Officer on 8.4.2003
- The petitioner was suspended from service on 12.3.2008
- The petitioner was reinstated on 5.12.2008
Analysis
- Petitioner was not granted the option as per Government Resolution dated 11.7.2008 even after suspension was revoked and reinstated.
- Recommendations from senior officers in favor of the petitioner were ignored by the authorities.
- No justification provided for not granting the option to the petitioner as per the Government Resolution.
- Chief Personnel Officer recommended giving the petitioner an option even after retirement.
- The impugned order dated 19.7.2021 refixing the pay scale of the petitioner without granting the option appears unjustified.
- The Court observed that the petitioner should have been given the option as per the Government Resolution and the proposed recovery was stayed pending a hearing.
- The petitioner filed a petition seeking fixation in the pay scale of Rs.14300-400-18300.
- The petitioner was not given the option as per the Government Resolution dated 11.7.2008 to remain in the pay scale of Rs.14300-Rs.18300 at the relevant time.
- The Court opines that it was unjustified for the authorities to refix the petitioner’s salary from Rs.14300-Rs.18300 to Rs.12000-Rs.16500 after reinstatement.
- The fault lies with the respondent State for not providing the option to the petitioner.
- The petitioner was allowed to continue working till retirement without being given the option as per the Government Resolution.
Decision
- The impugned order dated 19.7.2021 is quashed and set aside.
- Direct service is permitted.
- The petition succeeds.
- The petitioner is to be treated as if he had chosen the option of remaining in the pay scale of Rs.14300 – Rs.18300.
- The petitioner to make a separate representation for interest for delayed payment, benefit of Tikku Pay Commission, etc. within two weeks to the respondents.
- Respondents to scrutinize and take a decision on the separate representation within eight weeks.
- The pay of the petitioner to be refixed in the pay scale of Rs.14300 – 400 – 18300 as per Government Resolution dated 11.7.2008.
- Pension and other retiral benefits of the petitioner to be fixed and paid accordingly as he has already retired.
- The above exercise to be completed within ten weeks from the date of receipt of this order.
- All arrears to be paid to the petitioner within four weeks after the completion of the exercise.
Case Title: BHARAT SHIVLAL JESALPURA Vs. STATE OF GUJARAT
Case Number: R/SCA/13480/2021
