The Court directed timely consideration of a pay fixation claim, highlighting procedural fairness in addressing delays.

JUDGMENT

Dated this the 19^th day of February, 2026 The petitioner, while working as Lab Assistant in the 4^th respondent’s School, retired from service on 29.02.2008. He commenced service as Peon with effect from 01.06.1971 and was given promotion by-transfer as Lab Assistant on

01.06.1999.

2. At the time of promotion, he was drawing pay in the scale of ₹3,050–5,230. However, on promotion as Lab Assistant, his pay was fixed in the lower scale of ₹2,650-4,150 and was refixed at ₹4,075/- on 01.04.2000. Though the petitioner’s claim for pay fixation on promotion, corresponding to the pay he was drawing in the lower post, deserves acceptance in order to remove the anomaly, the same was not allowed. Resultantly, the petitioner has been paid salary in the promoted post lower than the pay he was actually in receipt of before his promotion. On completion of 30 years, the petitioner is entitled to receive 4^th Higher Grade, which also has not been granted. Aggrieved by the inaction of the respondents, the petitioner has preferred Ext.P5 representation before the 1^st respondent, which is pending consideration.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3 and 5.

4. The Government Pleader would oppose the writ petition stating that the issue is stale as the cause of action relates back to the year 2008.

5. Be that as it may, I find that the petitioner has preferred Ext.P5 representation before the 1^st respondent in this regard. As the petitioner has taken up the matter to the 1^st respondent, the 1^st respondent can consider the issue of delay also, if any.

In the facts and circumstances of the case, the writ petition is disposed of directing the 1^st respondent to consider Ext.P5 representation and pass appropriate orders thereon within a period of three months, after giving an opportunity of hearing to the petitioner.

Sd/-