Belated service claims for pay increments rejected due to unexplained delay, laches and acquiescence; prolonged inaction implies consent, barring relief to uphold administrative finality.

JUDGMENT :

JYOTSNA REWAL DUA, J.

Petitioner, aged 75 years, has instituted this writ petition seeking following substantive reliefs:-

“i). That the writ in the nature of mandamus may kindly be issued, directing the respondent department to grant
one annual increment to the petitioner which was earned by the petitioner on the post of Tehsildar and
was due on 1.11.2007.

ii). That in the alternative the respondents may kindly be directed to grant him the proportionate amount of
increment earned by the petitioner until his joining the promotional post on 18.10.2007.”

2. Heard learned counsel for the petitioner and onsidered the case file.

3. The case set up by the petitioner is that:-

3(i). He was initially appointed as Patwari and promoted as Tehsildar on ad-hoc basis on 20.06.1997. Petitioner’s services were regularized as Tehsildar on 01.03.2006 in the pay scale of Rs.7000-10980/-. Consequent upon regularization, petitioner’s pay was re-fixed from the date of joining as Tehsildar on ad-hoc basis by notionally adding one increment in the lower pay scale of Naib Tehsildar as per Fundamental Rule 22(1)(a)(1) and granting one promotional increment on promotion as Tehsildar.

3(ii). As on 01.11.1997, after getting two increments, petitioner’s pay was fixed at Rs.7880/-. Petitioner’s pay was Rs.9750/- in the year 2005.

3(iii). Petitioner remained posted on the same post of Tehsildar for about 8-9 years, therefore, vide order dated 19.09.2006, he was granted benefit of one proficiency increment after completion of 08 years of service under the Assured Career Progression Scheme. This proficiency increment was granted to the petitioner on 07.07.2005 and his pay reached at Rs.10025/-. After the grant of annual increments on 01.11.2005 and 01.11.2006, petitioner’s pay reached at Rs.10300/- and 10640/-, respectively.

3(iv). On 06.10.2007, petitioner was promoted as District Revenue Officer (DRO) in the pay scale of Rs.7220- 11660/- on ad-hoc basis. According to the petitioner, ‘he orally requested his controlling officer that he may be allowed to join the promotional post after 01.11.2007 so that he could get due annual increment on the post of Tehsildar’. Nonetheless, petitioner joined the promotional post of DRO before 01.11.2007, i.e. on 18.10.2007.

3(v). After joining as DRO on 18.10.2007, petitioner requested respondent No.2 to get his pay fixed as per F.R. 22 by granting him annual increment, which was due on 01.11.2007. Petitioner statedly exercised his option on 28.11.2008.

3(vi). Consequent upon the ad-hoc promotion of the petitioner as DRO (Class-I Gazetted) in the pay scale of Rs.7220-11660/-, his pay was fixed under F.R. 22 as on 18.10.2007 at Rs.10980/- by giving one promotional increment and the next date of increment was fixed as 01.10.2008 vide order dated 04.02.2008.

4. Consideration

Petitioner’s grievance stems from the fact that he actually joined the promotional post of DRO on 18.10.2007 and was not allowed to join the promotional post after 01.11.2007, thereby denying him annual increment on the post of Tehsildar on 01.11.2007. Petitioner’s grievance as canvassed by his learned counsel is that the annual increment earned by the petitioner on the lower post of Tehsildar, which was due on 01.11.2007, was not granted to him on account of his joining the promotional post on 18.10.2007.

4(i). Admittedly, the petitioner did not make any written request to the respondents for letting him join the promotional post of DRO after 01.11.2007. Petitioner had himself joined as DRO on 18.10.2007, i.e. before earning increment on the post of Tehsildar. It is his pleaded case that he had only orally requested his controlling officer to let him join the promotional post after 01.11.2007 to enable him to earn the annual increment on the post of Tehsildar. No such representation concerning present grievance of the petitioner ever made to