Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.

JUDGMENT :

A.S. SUPEHIA, J.

1. ADMIT. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents appearing in the respective appeals.

2. With the consent of the learned advocates appearing for the respective parties, the matters are taken up for final hearing today itself.

3. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865, are directed against the judgments and order dated 08.02.2024 (in Letters Patent Appeal Nos.1293 and 1294 of 2024) and dated 05.03.2024 (in Letters Patent Appeal No. 1295 of 2024) by the learned Single Judge in the captioned writ petitions, whereby the learned Single Judge has allowed the writ petitions and further directed the appellant-authorities to fix the salary of the respondent-employees on the basis of the pay-scale of Rs.950-1400/- from the date of completion of 15 years of service and they are also held to be entitled for the arrears.

4. At the outset, learned Government Pleader Mr. Verk, appearing for the appellant-State authorities has submitted that the learned Single Judge has not delved into the issue of the eligibility of the respondent-employees, as envisaged in the Resolution dated 17.05.1989. While inviting our attention to the said Resolution, he has submitted that only those semiskilled workers, who possess the certificate of wireman, are entitled to the pay-scale of Rs.950-1400/-, whereas the present respondent-employees would fall under the category No. 2 of the said Resolution dated 17.05.1989, which stipulates the pay-scale of Rs.750-940/- since they do not possess the said certificate.

5. Learned Government Pleader Mr. Verk, has further submitted that at the time of fixation of the pay-scale in the year 1998 vide order dated 28.05.1998, it was clarified that in future, if it is noticed that the pay-scale is incorrectly fixed, the excess amount is required to be recovered from the employees. He has also referred to the pay fixation order dated 09.11.2009 passed by the appellant-Corporation and has submitted that similar condition is envisaged in the said order.

6. Learned Government Pleader Mr. Verk, has further submitted that on realizing that their pay-scale of Rs.950-1400 was incorrectly extended, the appellants passed the order re- fixing their pay-scale and the same was reduced to Rs.750- 940/- after they completed 15 years of service since they were unqualified and accordingly, the re-fixation and recovery orders were passed, which were assailed in the captioned writ petitions.

7. Learned Government Pleader has submitted that a specific contention was raised before the learned Single Judge pointing out the aforesaid facts however, the learned Single Judge has not dealt with the same, though the averments of the affidavit-in-reply have been incorporated in the judgment itself. Thus, it is urged that since the respondent-employees were unqualified, when they were extended the pay-scale of Rs.950-1400/- after completion of 15 years, the appellant-authorities have corrected their pay-scale and accordingly, ordered recovery. It is submitted that looking to the qualification, at the relevant time, when the respondent-employees have completed 15 years of service, they would be entitled to the pay-scale of Rs.750-940/-. Thus, it is urged that the appeals may be allowed by quashing and setting the judgment and order passed by the learned Single Judge.

8. In his usual vehemence, learned Senior Advocate Mr. Shalin Mehta, while responding to the submissions advanced by the learned Government Pleader, has submitted that the judgment and order passed by the learned Single Judge does not require any interference since the same is precisely passed after appreciating the service rendered by the respondent-employees. He has submitted that the respondents have categorically stated that they were correctly conferred the pay-scale of Rs.950-1400/- after completion of 15 years of service in view of the Government Resolution