Time Bound Promotion on isolated posts grants financial upgradation after 12 and 24 years without needing educational qualifications for higher posts, as it is non-functional in-situ promotion to relieve stagnation.

JUDGMENT :

M. S. KARNIK, J.

1. Heard learned counsel for the petitioner and learned AGP for the respondent-State.

2. The challenge in this petition is to the order dated 27.03.2015 passed in Original Application No. 253 of 2012 (for short ‘O.A.’), passed by the Maharashtra Administrative Tribunal (For short ‘Tribunal’). The O.A. was filed by the petitioner before the Tribunal challenging the communication dated 17.02.2012, issued by the respondent No. 2 rejecting the demand of the petitioner for grade-pay scale of Rs. 4,200/- in the Pay Band of Rs. 9300-34800 in respect of Time Bound Promotion.

3. The brief facts are that petitioner was appointed as Dental Technician on 08.09.1981, in pay scale of Rs. 365-760 which was revised to Rs. 1400-2300 with effect from 01.01.1986 (as per 4^th pay commission). The petitioner was granted Time Bound Promotion (for short ‘TBP’) on completion of 12 years of continuous service on 01.10.1994 in terms of G.R. dated 08.06.1995. The petitioner’s pay was fixed in the pay scale of Rs. 5500-9000 after implementation of 5^th Pay Commission i.e. with effect from 01.01.1996. The petitioner’s pay was fixed in the Pay Band Rs.5200-20, 200 with effect from 01.01.2006 after implementation of 6^th Pay Commission. The petitioner is seeking fixation of pay in the Pay Band of Rs.9300-34800 with grade pay of Rs.4300/-.

4. Learned counsel for petitioner submitted that he has been getting pay in the payband of Rs. 1400-2300 with effect from 01.01.1986. The petitioner was granted TBP with effect from 01.10.1994. As per the Government Resolution dated 03.08.2001, for isolated posts, separate pay scales on TBP were granted. In terms of Schedule I of the G.R., for the pay scale of Rs. 1400-2300, the pay scale on TBP was Rs. 1640-2900. In terms of G.R. dated 03.08.2001, the pay scale as per the 5^th Pay Commission corresponding to pay scale of Rs.1640-2900 is Rs.5500-9000. However, according to the learned counsel, the petitioner was entitled to pay scale of Rs.6500-10,500 as per G.R. dated 27.03.1997.

5. The learned counsel submitted that petitioner is entitled to get pay in the Pay Band of Rs. 9300-34800 with grade pay of Rs. 4300/- with effect from 01.01.2006, as the Hakim Committee has recommended grant of this Pay Band in 6^th Pay Commission to those who were in the pay scale of Rs. 5500-9000 in the 5^th Pay Commission.

6. The learned counsel for the petitioner submitted that the Tribunal was not justified in holding that as petitioner does not possess the qualification for the promotional post, the petitioner is not entitled for benefit of higher pay scale. It is further submitted that benefit of the second TBP is not given to him though the petitioner is entitled for the same. The said aspect has not been considered by the Tribunal according to learned counsel.

7. Learned AGP on the other hand supported the order passed by the Tribunal. It is submitted that after the TBP was granted with effect from 01.10.1994, the petitioner’s pay was fixed in the scale of 1600- 2500 in revised pay of Rs. 5500-9000 as per Schedule-I of G.R. dated 03.08.2001. It is submitted that the petitioner is not entitled to get higher pay scale as per Schedule-2 of the aforesaid Government Resolution as he was granted the TBP before the 01.01.1996.

8. Learned AGP submitted that the pay scale of Dental Technician in 5^th Pay Commission was Rs.4500-7000. As per 6^th Pay Commission he was entitled to revised pay scale of Rs.5200-20200