- (1.) This order shall dispose of Civil Writ Petition Nos. 12530 and 12785 of 2005 as common questions of facts and law and have been raised. The facts are being referred from CWP No. 12530 of 2005.
(2.) The petitioners have prayed for quashing of order dated 21.4.2005 (Annexure P-5) vide which petitioner No. 1 has been denied the benefit of one annual grade increment on his promotion to the post of Executive Engineer from the post of Sub Divisional Engineer. The same benefit of one annual grade increment has also been denied to the other petitioners as well. It is undisputed that the petitioners have been working on the post of Sub Divisional Engineers w.e.f. 1.8.1971, 31.8.1970 and 10.8.1971 respectively. Subsequently they were promoted to the post of Executive Engineer on the basis of their seniority-cum-fitness and they joined as such on 13.1.1998, 4.8.1997 and 9.10.1996 respectively. A copy of promotion order in respect of petitioner No. 1 dated 7/8.1.1998 has been placed on record as Annexure P-1. The petitioners have attained the age of superannuation and retired on 30.4.2004, 31.1.2004 and 28.2.2003 respectively. They made representations for the grant of benefit of one annual grade increment. Copies of such representation and subsequent representation have been placed on record as Annexure P-2 and P-4. It is also conceded position that while working as Sub Divisional Engineer and before their promotion the petitioners have been granted the benefit of selection grade of Rs. 4100-5300. As a matter of fact three pay scales were allowed to the Sub-Divisional Engineers namely Rs. 2200-4000, 3000-4500 (after five years of regular satisfactory service) and selection grade of Rs. 4100-5300 (after 12 years of regular satisfactory service) against 20 per cent of the cadre posts. The functional pay scale of the post of Executive Engineer w.e.f. 1.1.1986 was Rs. 3000-4500. In para 12 of the writ petition it is admitted position that the petitioners on completon of 12 years of regular satisfactory service in the cadre of Sub-Divisional Engineers were granted the pay scale of Rs. 4100-5300 w.e.f. 1.5.1989 and on revision w.e.f. 1.1.1996 they were allowed the pay scale of Rs. 12000-16500 as per their entitlement. When they were promoted to the post of Executive Engineer on 13.1.1998, 4.8.1997 and 9.10.1996 they were given the same pay scale of Rs. 12000-16500 although the pay scale of Executive Engineer has been revised to 10000-13900. However, in respect of those Executive Engineers who have served for 11 years or more by rendering regular satisfactory service as Sub-Divisional Engineers/Assistant Engineers they were to be awarded the pay scale of Rs. 12000-16500. Accordingly, their pay was fixed in the pay scale of Rs. 12000-16500. The prayer now made is that according to Rule 4.4(1)(i) of the Civil Service Rules, Volume I, Part I (for brevity 'the Rules') the petitioners are entitled to the grant of one promotional increment.
(3.) After hearing learned counsel, we are of the considered view that no relief could be granted to the petitioners as they have already enjoyed better pay scale of Executive Engineer on account of the policy of the State Government to grant the higher pay scale in order to break stagnation after a Sub Divisional Engineer has rendered 11 years of service. It would be appropriate to make a reference to Rule 4.4(a) of the Rules which reads as under : "4.4 The initial substantive pay of a Government employee who is appointed substantively to a post on a time scale of pay is regulated as follows - (a) If he holds a lien on a permanent post, other than a tenure post, or would hold lien on such a post, had his lien not been suspended - (i) When appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of Rule 4.13) than these attaching to such permanent post, he will draw as initial pay the stage of the time scale next above his substantive pay in respect of the old post; (ii) When appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage, the stage next below that pay plus personal pay equal to the difference, and in either case will continue to draw that pay until such time as he would have received an increment in the time scale of the old post or for the period after which an increment is earned in the time scale of the new post, whichever is less. But if the minimum of the time scale of the new post is higher than his substantive pay in respect of the old post he will draw that minimum as initial pay. (iii) When appointment to the new post is made on his own request under Rule 3,17(a) and maximum pay in the time scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay.";