Bhavnagar Municipal Corporation Vs Rushibhai Jagdishbhai Pathak (Gujarat High Court)
The Gujarat High Court decided a batch of Letters Patent Appeals arising from a common judgment dated 31 July 2018, whereby the learned Single Judge had set aside the Bhavnagar Municipal Corporation’s order dated 28 October 2010 withdrawing the higher pay scale granted to the respondents and directing recovery of the alleged excess payments.
Read SC Judgment in this case: SC Partly Allows Higher Pay-Scale Arrears Subject to Delay and Laches
The respondents had initially joined the Corporation on an ad hoc basis and were subsequently regularised as Data Entry Operators. The State Government’s Resolution dated 16 August 1994 introduced the 9-18-27 Scheme, under which employees stagnating due to lack of promotional avenues were entitled to the pay scale of the immediate next promotional post after completion of 9, 18 and 27 years of service. The Corporation adopted this scheme through its order dated 19 February 2007. After completing nine years as Data Entry Operators, the respondents were granted the higher pay scale of ₹5,000–8,000, corresponding to the promotional post of Computer Operator. Subsequently, by order dated 28 October 2010, the Corporation withdrew this benefit, holding that they were entitled only to the pay scale of ₹4,500–7,000, and initiated recovery of the amounts already paid.
