Service Law:
Pay Scale – Claim for benefit of higher pay-scale – Entitlement – Superannuation of employee on 31.1.1997 who was holding post of Joint Director, Prosecution – On recommendation of Fifth Pay Commission, enhanced pay scale granted w.e.f. 1.1.1996 and accordingly pension revised – By order dated 2.2.2007 a Committee considering the anomalies in the Fifth Pay Commission further upgraded the pay w.e.f. 1.4.2001 – Representation of employee claiming revision of pension on the basis of order dated 2.2.2007 – Employer denied the benefit – Writ petition claiming revised pension on the basis of enhanced pay scale w.e.f. 1.1.1996 – Allowed by High Court – Appeal to Supreme Court – Held: Analogy Committee amended the pay scale on the analogy in the CBI – When a benefit is extended to a category of employees for the first time, State can fix a rational cut-off date – It was not obligatory for the State to extend the benefit of such analogy w.e.f. 1.1.1996 i.e. the date of recommendations of Fifth Pay Commission – The employee was not covered by order dated 2.2.2007.
Allowing the appeal, the Court
HELD: 1. The respondent was extended the benefit of Fifth Pay Commission Report from 01.01.1996 and his pension was thus revised accordingly. The State Government accepted the recommendations of Fifth Pay Commission vide Government order dated 23.12.1997 and decided to revise the pay scale from 01.01.1996. [Para 11] [988-H; 989-A]
2. The Government order dated 02.02.2007 had enclosure in tabular form having columns- Designation, General Revised Pay Scale with effect from 01.01.1996, Amended Pay Scale with effect from 01.04.2001 and Recommendation. The enclosure indicates that pay scales of all the officers of Prosecution Department were not amended, amendments were made only for the Senior Prosecution Officer (Senior Scale)/Deputy Director Prosecution and Joint Director (Law)/Joint Director (Prosecution) with effect from 01.04.2001. [Paras 12 & 13] [990A; 991-A]
3. The cut off date, 01.04.2001 for amendment of pay scale of the post of Joint Director, Prosecution on the basis of the recommendation of the Committee of the Chief Secretary was a conscious decision, the amendment in the pay scale was made following the analogy in the CBI organisation of the Center. When a benefit for the first time is extended to a category of employees, the State can always fix a rational cut off date and it was not obligatory for the State to extend the benefit of analogy of the CBI organisation of the Center with effect from 01.01.1996 which was the date of the recommendations of the Fifth Pay Commission. The respondent being not covered by the Government order dated 02.02.2007 was rightly informed that he was not entitled for the benefit of amendment in the pay scale he having already retired on 31.01.1997. [Para 19] [993-H; 994A-B]
Purshottam Lal and Others v. Union of India and Another (1973) 1 SCC 651 – distinguished.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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