STATE OF MAHARASHTRA Vs MADHUKAR ANTU PATIL

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CITATION	2022/INSC/320MANU/SC/0347/2022
DATE OF JUDGMENT	21^st March 2022
COURT	Supreme Court of India
APPELLANT	The State of Maharashtra
RESPONDENT	Madhukar Antu Pantil
BENCH	M.R. Shah, B.V. Nagarathna, JJ.

INTRODUCTION

In this case, the state of Maharashtra, the appellants, herein, express a sense of dissatisfaction about the judicial pronouncement contained in the impugned judgment by the esteemed High Court of Judicature at Bombay. The High Court, in its wisdom, chose to dismiss the writ petition, which had been diligently filed by the appellants. This dismissal effectively validated and upheld the merits of the judgment and order issued on the 25th of June 2019 by the Maharashtra Administrative Tribunal. The Tribunal took a stance contrary to the contentions put forth by the appellants and not only allowed the said original application but went a step further by annulling and thereby resulting in the downgrading of the respondent’s pay scale and pension entitlements. The appellants contend that the downgrading of the respondent’s pay scale and pension, as directed by the Tribunal, is erroneous and runs contrary to established legal principles. In essence, the present appeal seeks a reconsideration and reversal of the decisions rendered by the lower courts, urging the Apex Court to reassess the facts and legal nuances surrounding the matter at hand.

FACTS OF THE CASE

The respondent initially appointed as a Technical Assistant and later absorbed as a Civil Engineering Assistant, received two Time Bound Promotions during his service, with a pension proposal based on his last drawn pay forwarded for consideration.
The Office of the Accountant General, objecting to the grant of the first Time Bound Promotion to respondent based on his 1982 appointment, found an error, corrected it to reflect entitlement from the date of absorption in 1989, leading to downgrading of pay scale and pension re-fixation.
Respondent, dissatisfied with the downgrading of his pay scale and pension, sought redressal from the Tribunal, resulting that set aside the orders, directing the appellants to release his pension based on the pay scale at the time of retirement. The Tribunal affirmed that the first Time Bound Promotion granted in consideration of his 1982 appointment was not a mistake and acknowledged the relevance of his services as a Technical Assistant.
The appellants, discontent with the Tribunal’s decision to set aside orders refixing the pay scale and pension for respondent, filed a writ petition, which was subsequently dismissed by the High Court, and thus the present case is an appeal in Supreme Court.

ISSUES RAISED

Whether the High Court and the Tribunal made a mistake in rejecting the writ petition and asserting that the first Time Bound Promotion (TBP) could not be altered or revoked.

CONTENTIONS OF APPEALENT

The appellant emphasizes that respondent, initially appointed as a Technical Assistant on work charge basis in 1982, became entitled to the first Time Bound Promotion (TBP) upon absorption in 1989 to the newly created post of Civil Engineering Assistant with a distinct pay scale, asserting that TBP benefits apply to continuous service in the same post and pay scale.

CONTENTIONS OF REPONDENT

The respondent contends that although the first Time Bound Promotion (TBP) was granted based on his 1982 appointment, it was done with government and Finance Department approval, and as the downward pay scale revision occurred post-retirement, no recovery should be enforced. The respondent asserts entitlement to pension based on the re-fixation of the pay scale from 1989, aligning with his absorption as a Civil Engineering Assistant.

JUDGEMENT

In this case, the respondent’s initial appointment in 1982 as a Technical Assistant on work charge basis differs from his absorption in 1989 into the newly created post of Civil Engineering Assistant, which carried a distinct pay scale. The court acknowledges the department’s stance that the respondent is rightfully entitled to the first Time Bound Promotion (TBP) based on twelve years of service from his absorption in 1989. Both the High Court and the Tribunal’s error lies in asserting that the TBP, approved by the Government and Finance Department, cannot be modified, or withdrawn, overlooking the essential consideration that the respondent’s entitlement to the first TBP stems from his service period starting in 1989. Consequently, the quashing of the pay scale and pension revision by both entities, which was based on re-fixing the TBP grant date to the respondent’s absorption in 1989 as a Civil Engineering Assistant, is deemed a serious error by the High Court and Tribunal.

ANALYSIS

In rendering its judgment, the court considered the pivotal aspects of the case, recognizing that the respondent’s initial appointment in 1982 as a Technical Assistant on work charge basis was distinct from his absorption in 1989 into the newly created role of Civil Engineering Assistant, entailing a different pay scale. The court affirmed the department’s decision that the respondent is rightfully entitled to the first Time Bound Promotion (TBP) based on twelve years of service from his absorption in 1989.

The court disagreed with both the High Court and the Tribunal, asserting that the approval of the first TBP by the Government and Finance Department does not preclude its modification or withdrawal if subsequent evaluation establishes entitlement based on the service period from 1989. It deemed a significant error the decision by both entities to quash the revision of pay scale and pension, emphasizing the justification for re-fixing the TBP grant date to the respondent’s absorption in 1989 as a Civil Engineering Assistant. Consequently, the court partially allowed the appeal, quashing the impugned judgments and orders of the High Court and the Tribunal that had set aside the orders downgrading the pay scale and pension in 2015. The court held that the respondent is entitled to the first TBP on completion of twelve years from 1989, and his pay scale and pension should be revised accordingly. However, it directed that there should be no recovery of amounts already paid to the respondent while granting the first TBP based on his initial appointment in 1982, as observed earlier.

CONCLUSION

In conclusion, the court ruled in favor of the appellant, affirming that the respondent is entitled to the first Time Bound Promotion from the year 1989, rejecting the notion that prior approval prevents modification. The court partially allowed the appeal, quashing downgrading orders and directing the revision of pay scale and pension without recovery for amounts already paid based on the 1982 appointment.

REFERENCES

This Article is written by Soumya Saisa Das student of Amity Law School, Noida (ALSN); Intern at Legal Vidhiya.

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