The court upheld that only qualified employees are entitled to the promotion pay scale, rejecting claims for higher grades based on equal pay principles due to lack of required qualifications.

JUDGMENT

The above writ petition is filed seeking to quash Ext.P10 and for a consequential declaration that the petitioners are eligible to get time bound higher grade in the enhanced scale of Rs.6675-175-7550-200- 10550 on completion of 18 years and Rs.7200-200-7800-225-11400 on completion of 23 years in their respective posts.

2. As per the averments in the writ petition the petitioners entered into service as Quality Control Inspectors in the respondent corporation and have retired on various dates from different posts The grievance of the petitioners relates to the refusal of the respondents to grant time bound higher grade in the pay scale that was due to them. Petitioner would contend that they were correctly given the 1^st time bound higher grade after completion of 10 years. However, when it came to the 2^nd time bound higher grade after 18 years and the 3^rd time bound higher grade after 23 years, the petitioners were given the same on a reduced pay scale as compared to the similarly situated persons in the respondent corporation. To substantiate that the petitioners are granted the reduced pay scale, Ext.P1 order is produced and the table attached to Ext.P1 will show the pay actually sanctioned to the petitioners as 2^nd time bound higher grade. Petitioners would submit that the pay scale granted after completion of 18 years, ie., 2^nd time bound higher grade, is Rs.5000-8150, whereas the pay scale actually due and eligible is Rs.6675-10550 and the pay scale granted after completion of 23 years, ie., 3^rd time bound higher grade, is Rs.5250–8150, whereas the pay scale actually due and eligible is Rs.7200-11400. To substantiate that similarly situated persons have been granted the time bound higher grade in the enhanced scale, Exts.P2 and P3 proceedings have been produced. Petitioners submitted Ext.P4 representation in this regard and the 3^rd respondent has wrote to the 1^st respondent Government raising the grievances regarding the grant of time bound higher grade in the enhanced scale to the Quality Control Inspectors like the petitioners as per Ext.P5. Thereafter, by Ext.P6 the 1^st respondent took a decision that since the eligibility period has been completed for the six Quality Control Inspectors, the petitioners, they should be granted the time bound higher grade. Some of the petitioners have approached this Court earlier, which culminated in Exts.P7 to P9 judgements, wherein this Court directed the 3^rd respondent to take a decision on the request made by the petitioners. Thereupon Ext.P10 order was issued rejecting the claim of the petitioners. The specific case of the petitioners is that the 3^rd respondent has not considered or appreciated the real facts and issues raised by the petitioners. Petitioners also rely on Ext.P11 order, whereby an employee junior to the petitioners was granted the enhanced scale of pay after completion of 23 years of service. It is in the said circumstances that the present writ petition has been filed. Petitioners rely on the judgement of the Apex Court in State of Punjab and others v. Jagjit Singh and others , (2017) 1 SCC 148 to contend for the proposition that the principles of equal pay for equal work should be the rule and in the present case, such a rule has been violated, whereby several of the juniors to the petitioners are getting higher scale of pay than the petitioners.

3. A detailed counter affidavit has been filed on behalf of respondents 2 to 4, wherein it is stated that various staff/officer category employees of the Corporation, such as Quality Control Inspectors are granted time bound higher grade promotion, upon completion of specified years of service. When the employees did not receive promotion as Senior Production Supervisor, being the first promotiona