The court mandates timely consideration of employee representations regarding pay scale implementation without ruling on their merits.

ORAL ORDER

This writ petition is filed under ArticleS.226 & 227 of the Constitution of India , seeking the following reliefs:

“(i) Issue writ in the nature of certiorari and quash the resolution 15/290/2018-19 Agenda No.22 dated 26.09.2018 which is produced and marked as Annexure-E and Circular bearing No.KARBINI/ADMIN/3103/2018-19 dated 31.10.2018 which is produced and marked as Annexure-G are liable to be quashed by this Hon’ble Court.

(ii) Issue a writ of mandamus or any other writ or direction, directing the respondents to extend the benefits of revision of pay scales to the petitioner as per Annexures A, B, C and D with effect from 01.04.2018 and with further direction to pay the difference of salary or emoluments and with other consequential benefits arising out of the revision of pay scales.”

2. The petitioners are employees of the second respondent–Corporation. The State Government, vide Annexure-A, adopted the recommendations of the Sixth State Pay Commission and revised the pay scale, effective from 01.07.2017, with the monetary benefits arising from the revised pay scale admissible from 01.04.2018. Pursuant to the said Government Order, the respondent– Corporation adopted the Sixth Pay Commission and passed a resolution, vide Annexure-E, to implement the same with effect from 01.10.2018. In furtherance of this, a Circular dated 31.10.2018, vide Annexure-G, was issued. Aggrieved by this, the petitioners have approached this Court.

3. The learned counsel appearing for the petitioners submits that even though the petitioners have challenged the decision taken by the Corporation to implement the Sixth Pay Commission from 01.10.2018, they will not press that prayer since they have also submitted representations to the Corporation, vide Annexures-H and J series, contending that in all other Boards and Corporations, the Sixth Pay Commission has been implemented from 01.04.2018, in line with the Government Order. Accordingly, the petitioners have requested the Corporation to reconsider its decision and implement the Sixth Pay Commission from 01.04.2018 for its employees as well.

4. Since the representations are still pending before the Corporation, and under the circumstances, without going into the merits of the case, the second respondent– Corporation is directed to consider the representations submitted by the petitioners, vide Annexures-H and J series, regarding the implementation of the Sixth Pay Commission from 01.04.2018, and take a decision in accordance with law, and in a sympathetic manner, as expeditiously as possible, and in any event, not later than three months from the date of receipt of a copy of this order.

All contentions of the parties are left open.

With the above observations, the writ petition stands disposed of.