Claims for pay fixation or higher pay scales must be raised during active service; such benefits cannot be claimed as a matter of right after retirement if the employee acquiesced to the pay fixation during their tenure.

Digitally signed YOGESH by YOGESH TIWARI T DI aW teA : R 2I 026.02.02 NAFR 14:04:52 +0530

(Cause-title taken from Case Information System)

Order on Board

1. Since a similar issue has been challenged in both the petitions, they were clubbed together, heard analogously, and are being disposed of by this common order.

2. In both the writ petitions, i.e. WPS No.2631/2023 and WPS No.2649/2023, the petitioners have prayed for following reliefs:-

“10.1. That, this Hon'ble Court may kindly be pleased to grant of the benefit of second time pay scale to the petitioner after completion of 16 years of service and the consequential benefits thereon as per the circular dated 28.04.2008.

10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the representations of the petitioner as per the circular dated 28.04.2008.

10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”

3. Brief facts of the cases are that the petitioners were initially appointed on clerical posts in the year 1984–85 and were subsequently promoted to the post of Senior Assistant vide order dated 06.07.1996. In pursuance of the circular dated 28.04.2008 issued by the Finance Department, Government of Chhattisgarh, the petitioners were granted the first time pay scale vide order dated 26.12.2008 with effect from 01.04.2006, on completion of 10 years of service in the same post.

4. As per the said circular, a Government employee is entitled to the second time pay scale on completion of 16 years of service in the same post. Since the petitioners continued to work on the post of Senior Assistant without any further promotion, they became entitled to the second time pay scale with effect from 05.07.2012. The petitioners made repeated representations to the competent authority for grant of the second time pay scale, however, no action was taken. Even after their retirement on attaining the age of superannuation in the year 2017 and 2018 respectively, their claim for grant of second time pay scale has not been considered, compelling them to file the present writ petitions.

5. Learned counsel for the petitioners submits that the action and inaction on the part of the respondent authorities in not granting the second time pay scale to the petitioners is wholly illegal, arbitrary, malafide in nature and contrary to the settled principles of service jurisprudence, besides being violative of Articles 14 and 16 of the Constitution of India. It is further submitted that as per the circular dated 28.04.2008 issued by the Finance Department, Government of Chhattisgarh, a Government employee who continues on the same post without any further promotion is entitled to the grant of second time pay scale on completion of 16 years of service. Despite the petitioners fulfilling all the eligibility conditions prescribed under the said circular, the respondents have failed to extend the benefit of second time pay scale to them till date.

6. Learned counsel further submits that the petitioners were rightly granted the first time pay scale with effect from 01.04.2006 upon completion of 10 years of service in the post of Senior Assistant. Since thereafter the petitioners continued to work on the same post without any promotion, they became entitled to the second time pay scale with effect from 05.07.2012, upon completion of 16 years of service in the same post. It is lastly submitted that the petitioners have completed more than 20 years of service on the same post, yet the