Employees’ Demand for Grade Pay of Rs.2800/- Rejected — Court Rules Rs.2400/- Grade Pay Justified Based on Absorbed Posts and Promotion Structure

The Court held that the petitioners failed to establish their entitlement to the grade pay of Rs.2800/- when their absorbed posts only justified the grade pay of Rs.2400/-. The promotional post of ‘Leading Fireman’ carried a grade pay of Rs.2400/-, making the petitioners’ claim for the higher grade pay untenable. (Refer Para 12, 13, 15)

The Court dismissed the petition, ruling that the absorbed positions determined the pay scale and promotional benefits — Petitioners were not entitled to the grade pay of Rs.2800/-.

MAJOR ACTS AND SECTIONS:

1. Constitution of India (COI) — Article 226 — Writ Petition Filed for Pay Scale Dispute

2. Maharashtra Civil Services (Revised Pay) Rules, 2009 — Time-Bound Promotion and Grade Pay Fixation

SUBJECTS: Pay Scale Fixation — Time-Bound Promotion — Grade Pay — Absorption of Employees — Equivalent Post — Senior Leading Fireman — Leading Fireman — Library Assistant — Tax Collector — Nagpur Municipal Corporation

NATURE OF THE LITIGATION: Writ Petition filed under Article 226 of the Constitution of India challenging the pay scale fixation and grade pay granted on time-bound promotion.

RELIEF SOUGHT: Petitioners sought the fixation of their pay scale at Rs.2800/- grade pay instead of the granted Rs.2400/- on their time-bound promotion.

REASON FOR FILING THE CASE: Petitioners claimed entitlement to the grade pay of Rs.2800/- applicable to the post of ‘Senior Leading Fireman’ as their next promotional post.

PRIOR DECISION: Respondents fixed the grade pay at Rs.2400/- following the petitioners’ absorption into the Library and Tax Departments, aligning their pay scale with their new designations.

ISSUES: Whether the petitioners were entitled to the grade pay of Rs.2800/- for the post of ‘Senior Leading Fireman’ instead of the Rs.2400/- granted for the absorbed posts.

SUBMISSIONS/ARGUMENTS:

 a) Petitioners argued that their next promotional post was ‘Senior Leading Fireman’ with a grade pay of Rs.2800/-, claiming eligibility for the same. b) Respondents contended that the absorbed positions of ‘Library Assistant’ and ‘Tax Collector’ had a fixed grade pay of Rs.2400/- based on the equivalent pay scale and promotional hierarchy.