Employees from work charge establishment absorbed into higher cadre/pay scale entitled to time bound promotion from absorption date, not prior service. SLP dismissal without leave invokes no merger; full appeal judgment binding under Article 141. Article 14 bars negative equality.

JUDGMENT :

VAISHALI PATIL-JADHAV, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. By these petitions filed under Article 226 of the Constitution of India, the petitioners are challenging the orders dated 04.09.2019 and 23.10.2019, by which the earlier time bound promotion granted to the petitioners from the date of their appointment on work charge establishment is reversed and is granted from the date of their absorption as Civil Engineering Assistant.

All these petitions are decided by this common judgment since the issues of law and facts arising therein are common.

3. BRIEF FACTS OF THE CASE :-

The petitioners were appointed by the Maharashtra Water Supply and Sewerage Board, some in 1985 and some in 1986, on the posts of Mustering Karkoon, Mistry, Tracer etc., on Work Charge Establishment (hereinafter referred to as "WCE") in the pay scale of Rs.260-10-390. By the Government Resolution dated 31.09.1989, fourteen cadre posts such as Technical Assistant, Mustering Karkoon, Mistry Grade-I, Mistry Grade-II, Tracer etc., were amalgamated into a single cadre known as "Civil Engineering Assistant" (hereinafter referred to as "CEA"). By Government Resolution dated 08.06.1995, the Time Bound Promotion Scheme was introduced. The Irrigation Department, took a policy decision on 28.10.1994 and made it clear that if a person is appointed as a Technical Assistant or on any other post and acquires the necessary qualification for CEA, such person shall be directly absorbed as a CEA. Another circular dated 29.11.1996 was issued wherein it was clarified that, temporary employees shall also be absorbed and that, even those who have completed the one-year course of CEA shall be absorbed as CEA.

The Water Supply Department by Government Resolution dated 12.06.1997, granted permission to the Maharashtra Jeevan Pradhikaran i.e. respondents for creation of new cadre i.e. CEA. In accordance with the scheme, the present petitioners were absorbed as CEA in the year 1989 and were granted pay scale of Rs.1200-30-1410. By orders dated 07.11.2015, 30.12.2015, 11.04.2016, 18.04.2016, 17.06.2016, 07.09.2016, 17.09.2016, 18.11.2016 and 28.06.2017, the petitioners were granted first Time Bound Promotion (hereinafter referred to as "TBP") after completion of 12 years from their initial date of appointment, which was on WCE. Subsequently, by orders dated 04.08.2019 and 23.08.2019, which are impugned in these petitions, the first TBP granted to the petitioners from the date of their initial appointment on WCE is revised, and the first TBP is now granted from the date of their absorption as CEA. Revised pay fixation was made on the ground that the petitioners were not entitled to the first TBP from the date of their appointment, as their earlier services were rendered on WCE and a higher pay scale was already granted to them when they were absorbed as CEA.

SUBMISSIONS :-

4. The learned Advocate Mr. R.P. Bhumkar for the petitioners would submit that, as the respondents did not take any steps to grant the benefit of time bound pay scale, certain employees who were possessing the qualification equivalent to those of the petitioners herein, approached before the High Court Bench at Nagpur by filing Writ Petition Nos. 3815/2012, 3466/2012 and 3807/2012. By judgment dated 29.08.2013, this Court held that Civil Engineering Assistants, who had initially worked in the cadre of Technical Assistan