Case Note & Summary
The petitioner, a retired District and Sessions Judge, filed a writ petition under Article 226 of the Constitution of India seeking re-fixation of his basic pay from the date of his promotion to the cadre of District Judge and from subsequent dates when his juniors were promoted, along with all consequential reliefs. During the pendency of the petition, the Government issued a Resolution dated 25.7.1991 granting part of the relief from some later dates. The petitioner contended that the relief should be granted from earlier dates and that he should be paid interest on the belated payment. The court, after hearing both sides, held that the petitioner is entitled to re-fixation of his basic pay from the date of his promotion and from the dates when his juniors were promoted, with interest at 6% per annum on the delayed payment of arrears. The court directed the respondent to re-fix the pay accordingly and pay the arrears with interest within three months.
Headnote
A) Service Law - Pay Fixation - Promotion - Re-fixation of basic pay from date of promotion - Petitioner, a retired District and Sessions Judge, sought re-fixation of his basic pay from the date of his promotion and from dates when his juniors were promoted - Government Resolution dated 25.7.1991 granted part relief from later dates - Court held that the petitioner is entitled to re-fixation from the date of his promotion and from dates when his juniors were promoted, with interest on delayed payment at 6% per annum (Paras 2-10).
Issue of Consideration
Whether the petitioner is entitled to re-fixation of his basic pay from the date of his promotion to the cadre of District Judge and from dates when his juniors were promoted, with consequential benefits and interest on delayed payment.
Final Decision
The court allowed the writ petition. The respondent is directed to re-fix the petitioner's basic pay from the date of his promotion to the cadre of District Judge and from the dates when his juniors were promoted, with all consequential benefits. The arrears shall be paid with interest at 6% per annum from the date they fell due until payment. Compliance within three months.
Law Points
- Pay fixation
- Promotion
- Seniority
- Interest on delayed payment
- Article 226
Case Details
2006 LawText (BOM) (06) 122
Writ Petition No. 1796 of 1990
P.V. Kakade, B.P. Dharmadhikari
R.B. Pendharkar, Senior Advocate with S.P. Hedaoo for petitioners; K.S. Dhote, Assistant Government Pleader for respondent
Arvind Wamanrao Pendharkar (deceased) through L.Rs.
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking re-fixation of pay and consequential benefits.
Remedy Sought
Re-fixation of basic pay from date of promotion and from dates when juniors were promoted, with interest on delayed payment.
Filing Reason
Petitioner, a retired District and Sessions Judge, claimed that his pay was not correctly fixed from the date of his promotion and from dates when his juniors were promoted.
Previous Decisions
Government Resolution dated 25.7.1991 granted part relief from later dates, but petitioner sought earlier dates and interest.
Issues
Whether the petitioner is entitled to re-fixation of basic pay from the date of his promotion to the cadre of District Judge?
Whether the petitioner is entitled to re-fixation from dates when his juniors were promoted?
Whether the petitioner is entitled to interest on delayed payment of arrears?
Submissions/Arguments
Petitioner argued that he should get re-fixation from the date of his promotion and from dates when his juniors were promoted, with interest on belated payment.
Respondent State opposed, but no specific arguments are recorded in the judgment.
Ratio Decidendi
A government servant is entitled to have his pay fixed correctly from the date of promotion and from dates when his juniors are promoted, and any delay in payment of arrears entitles him to interest.
Judgment Excerpts
By this writ petition filed under Article 226 of Constitution of India, the petitioner, deceased and retired District and Sessions Judge has claimed a relief of re-fixation of his basic pay with effect from the date on which he was promoted to the cadre of District Judge and all subsequent dates on which his juniors were so promoted with all consequential reliefs.
Procedural History
The writ petition was filed in 1990. During pendency, Government Resolution dated 25.7.1991 granted part relief. The original petitioner died and was substituted by legal representatives. The matter was heard on June 19 and 20, 2006, and judgment pronounced on June 30, 2006.
Acts & Sections
- Constitution of India: Article 226
