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Service & Administrative LawSupreme Court of India

Union of India Through Secretary & Ors. v. Anju Jain & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 50 of 2015)Decided 6 Jan 2015
Civil Appeal No. 50 of 2015
Justice Sudhansu Jyoti Mukhopadhaya · Justice Prafulla C. Pant

Background

The respondents were appointed as Junior Machine Operators/Key Punch Operators in the Government of India in 1987 on temporary status, later regularized in 1989. When their posts were abolished in 1995, they were shifted to the post of "Computor" but told they would continue drawing only their old, lower pay scale. A 1989 Government Office Memorandum had, however, re-designated posts like theirs as "Data Entry Operator Grade A/B" with revised, higher pay scales effective from 1986. The respondents approached the Central Administrative Tribunal seeking back pay at the higher, re-designated scale from their original date of appointment; the Tribunal and then the Delhi High Court both ruled in their favour, and the government appealed to the Supreme Court.

Decision Breakdown

The Supreme Court relied on its own recent precedent (Secretary, Department of Personnel v. T.V.L.N. Mallikarjuna Rao, decided weeks earlier) interpreting the same 1989 Office Memorandum rationalizing Electronic Data Processing cadre pay scales. It held that the respondents' original posts were indeed covered by that Memorandum and were correctly re-designated as Data Entry Operator Grade "A," entitling them to the revised pay scale of Rs.1150-1500 from their actual dates of initial appointment in 1987, not from some later date. The Court found no error in the High Court's and Tribunal's conclusions and declined to interfere, while clarifying that any claim to a further promotional pay scale (via the Computor/ad hoc promotion route) would depend on there being an actual order of promotion on record, which was absent here. The appeal filed by the Union of India was accordingly dismissed, with no order as to costs, and the respondents' entitlement to back pay from their original appointment dates was upheld.

Lesson Learnt

When a government pay-rationalization policy re-designates a post with a revised scale, employees holding posts covered by that policy are entitled to the revised pay from their original date of appointment, even if administrative action implementing it comes years later, and a later transfer to another post does not extinguish that accrued entitlement.

Union of India Through Secretary & Ors. v. Anju Jain & Anr. – Legal Case Shots | LegalAware