A. S. SUPEHIA, MAUNA M. BHATT
HEMANT M. PANDYA – Appellant
Versus
BHAVNAGAR MAHANAGARPALIKA – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present appeals emanate from the judgment and order dated 09.06.2020 passed in the captioned writ petitions, whereby the learned Single Judge has partly allowed the petitions, except the writ petition being Special Civil Application No. 15419 of 2017, which has been rejected on the ground of delay and latches.
2. All the writ petitions, were filed by the appellants-original petitioners challenging the action of the respondents by passing the orders dated 21.11.2009, 28.02.2013 and 15.06.2013 affecting the recovery from them. The petitioners had also sought directions for grant of pay-scale of Rs.1100-1600 w.e.f. 03.10.1974 and the pay-scales of Rs.3000-4500, Rs.10500-15000 and Rs.15600-39100 revised from time to time as per the 4th Pay Commission, 5th Pay Commission and 6th Pay Commission to the petitioners. All the petitioners were serving as Executive Engineers in the respective divisions of the respondent-Corporation and they had also retired from service on attaining the age of superannuation, except the petitioner of Special Civil Application No. 12414 of 2013.
3. As the prayer clause would suggest, the petitioners-appellants are claiming pay-sca
The court established that pay scales for employees in different Nagarpalikas cannot be equated due to distinct financial and regulatory frameworks governing each entity.
The court ruled that delay in seeking pay-scale revision after retirement undermines claims, emphasizing the lack of merit in the appeals.
The court upheld the re-fixation of pay and set aside the recovery of excess payments, affirming the validity of the Government Resolution affecting pay-scales.
The main legal point established in the judgment is that the grant of pay scale to the writ petitioners was in accordance with the state policy, and the withdrawal of the pay scale by the appellant a....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The court established that due process must be followed in altering pay-scales, particularly regarding recovery of payments made in error, emphasizing employee rights post-retirement.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
The court affirmed that employees of the Corporation are entitled to pay and allowances on par with State Government employees as per Rule 34, emphasizing the principle of equal pay for equal work.
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.
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