2008 Supreme(MP) 543
S.K. Seth, J.
Radheshyam Surolia v. National Textile Corporation (MP) Ltd.
Writ Petition No. 416 of 2002 (I); Decided on 24.4.2008.*
Shekhar Bhargava with Smt. Ritu Bhargava for petitioner; Vivek Sharan for respondent.
Headnote:(1) Civil Services -- time scale of pay -- upon successful completion of specified period of service, basic salary is raised by way of increments -- this gradual increase in pay continues till maximum scale of pay is reached -- increments payable on acquiring additional qualifications cannot be claimed thereafter -- subsequent revision of pay scale is not material because claim has to be decided on date of application or of acquiring additional qualification. [Paras 5 & 6
(2) Constitution of India -- Art. 226 -- inordinate delay -- repeated unsuccessful representations not provided by law will not come to rescue of petitioner. [Para 7
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1. Being aggrieved by the order dated 31.12.2001 (Annexure P-1), present writ petition was filed for directions to respondent to pay additional increments to petitioner for having acquired professional qualifications of LL.B. and M.B.A. Subsequently, petition was amended and the order dated 24.11.1989 was also simply mentioned in paragraph 3 of the prescribed format of the writ petition as one of the impugned order.
2. Undisputed facts are as under. Petitioner was working with the respondent Corporation in managerial capacity. He retired from service while holding the post of General Manager. During the course of employment first he did LL.B. and later on M.B.A. Degrees. Respondents as per order dated 4.10.1988 (Annexure P-4) introduced scheme for payment of different additional increment on acquiring specified professional qualifications. For LL.B. one additional increment was payable and for M.B.A. two additional increments was payable to the employee acquiring such qualification during service. Petitioner was sanctioned and paid w.e.f. 1.4.1988 one increment for obtaining LL.B. degree. He subsequently applied for grant of two additional increments on obtaining M.B.A. degree. Although, a sanction was accorded for additional increments w.e.f. 21.5.1993 but said increments were never released/paid to the petitioner on the ground that he had already reached the maximum of the sanctioned pay-scale. Said order was passed on 29.9.1993. Against said order, petitioner preferred representations after representation reiterating his demand for release of three additional increments for obtaining professional qualification of LL.B. and M.B.A. When he was communicated the order impugned taking clue from the order dated 29.9.1994, he filed the present writ petition.
3. Respondents have denied the claim of the petitioner and in their reply they have submitted that so far as additional increment for obtaining professional qualification of LL.B. they pointed out that same was released and paid to the petitioner from April 1988 to March 1990. It was also pointed out that when petitioner obtained MBA degree in 1993 petitioner was getting basic salary at the maximum of the scale from 1.4.1990 in the pay scale prescribed for post held by him. As such no additional increments could be paid to the petitioner either for obtaining LL.B. or MBA Degrees. They also contended that the petition suffers from laches and gross delay and therefore is not entitled for any relief.
4. After having heard rival submissions and going through the material available on record, we do not find any merit and substance in this writ petition. We may point out that respondents have introduced scheme of one time cash award in place of the earlier scheme for grant of additional increments. From the documents filed along with the writ petition, it is clear that all along the case of the petitioner before the respondents was that he was not covered by scheme of one time cash award but he was entitled for three additional increments for obtaining LL.B. and MBA degrees.
5. In the service jurisprudence, 'Time Scale of Pay' has a definite connotation. In a Time Scale of Pay, increments are provided so that upon successful completion of specified period of service, an increment is added and the basic is enhanced by that amount in the same scale of pay. Thus, it is gradual rise of the basic salary by way of release of increments. In order to elaborate, let us take an example that A was appointed to a post carrying the Time Scale of Pay of Rs. 150-25-300. The basic is Rs. 150 and the maximum is Rs. 300/-. Once A after availing benefits of all increments sanctioned in scale of pay and starts drawing pay at the maximum of the scale Rs. 300/- then he will continue to draw the pay @ Rs. 300/- because beyond that stage a scale could not be enhanced by adding or releasing increment. This gradual increase in the pay will continue till the person has not reached or touched the ma