An employer cannot deny an employee Time Bound Promotional benefits on the technical ground of failure to exercise an option if the employer failed to obtain such an option or provide the employee with the requisite choice to retain an eligible pay scale.

Whether approved for reporting?¹1 Whether reporters of Local Papers may be allowed to see the judgment?

Jiya Lal Bhardwaj, Judge

1. Both the abovementioned petitions are taken up together since the relief claimed in the petitions is with respect of grant of Time Bound Promotional/Devised Promotional Scale(s) on completion of 9/16 years’ service, respectively.

2. In CWPOA No.3703 of 2019, the petitioner has prayed for quashing of order dated 23.09.2005, passed by the respondent-Board, whereby his claim for grant of Time Bound Promotional/Devised Promotional Scale on completion of 9 years’ service has been denied and in CWPOA No.3703 of 2019, he has prayed for grant of Time Bound Promotional/Devised Promotional Scale on completion of 16 years’ service.

3. For deciding the dispute, the facts mentioned in CWPOA No.3703 of 2019 are taken and the relief claimed in this petition is reproduced hereunder:

“i) That the impugned Annexure:A-22, dated 23.9.2005 may be quashed and set aside;

ii) That the respondent Board may be directed to implement letter dated 1.7.2004 i.e. Annexure:A-19 in its entirety and to grant the applicant the Time Bound Promotional/Devised Promotional Scale on completion of 9 years’ service;

iii) That the respondent Board may be directed to release the First Time Bound Promotional/Devised Promotional Scale of Rs.7750-13300 to the applicant w.e.f. 19.2.2003 and to pay arrears thereof alongwith interest @18% per annum;”

4. Shorn of unnecessary details, the key facts of the case are that the petitioner was promoted as Divisional Accountant (in short ‘DA’) which post was subsequently re-designated as Superintendent (D/ACS), vide office order dated 07.01.1994, in the pay scale of ₹1880-3300/- (Master scale of ₹750-6700/-), on which post he joined his duties on 19.02.1994. The respondent Board had introduced a scheme, vide office order dated 31.01.1991 applicable w.e.f. 01.01.1986, for granting Time Bound Promotional Scales on completion of 9/16 years’ service, which were also made applicable to the category of DA w.e.f. 01.01.1986. As per office order dated 30.05.1994, the master pay scale of ₹750-6700 was revised to ₹770-6700 w.e.f. 01.11.1993 and pay scale of DAs was increased from ₹1880-3300/- to ₹1900-3300/- without obtaining option. The pay scale of the petitioner was fixed in the revised master pay scale of ₹1900-3300/- vide office order dated 20.08.1994, without obtaining option from him. The petitioner immediately made a representation to retain the old master/pay scale of ₹1880-3300/- and the pay fixed earlier vide order dated 20.08.1994 was re-fixed vide order dated 28.10.1994 in the pay scale of ₹1880-3300/-(Annexure A-4). Thereafter, vide office order dated 05.01.1995 (Annexure A-5), the pay scale of ₹1880-3300/- was revised w.e.f. 01.01.1986 to ₹2000-3500/-. Though the pay scale of the petitioner was revised from ₹1880-3300 to ₹2000-3500/-, but the competent authority of the respondent-Board had issued another order dated 27.01.1995 (Annexure A-6), whereby pay scale of the petitioner, which was already fixed, was directed to remain unchanged i.e. in the pay scale of ₹1880-3300/-. Thereafter, vide office order dated 04.12.1996 (Annexure A-7), it was ordered that the respondent-Board allowed an opportunity of option to the incumbents of the category of DA [designated as Superintendent (DA)], either to retain two pay scales i.e. ₹1880-3300/- or ₹2000-3500/- respectively or to opt the improved pay ₹2100-3700 and ₹2000-3500/- w.e.f. 01.01.1996. Fur