When pay scale is revised, the state can always fix a rational cut off date for applicability; SC.

Supreme Court of India

Justice ASHOK BHUSHAN & Justice MOHAN M.SHANTANAGOUDAR

The SC on March 19, 2020 {STATE OF UTTAR PRADESH & ORS. v. VIJAY SHANKAR DUBEY} held that the cut off date, 01.04.2001 for amendment of pay scale of the post of Joint Director, Prosecution on the basis of the recommendation of the Committee of the Chief Secretary was a conscious decision, the amendment in the pay scale was made following the analogy in the CBI organisation of the Center. It was held that when a benefit for the first time is extended to a category of employees, the State can always fix a rational cut off date and it was not obligatory for the State to extend the benefit of analogy of the CBI organisation of the Center with effect from 01.01.1996 which was the date of the recommendations of the Fifth Pay Commission. It was held that the respondent being not covered by the Government order dated 02.02.2007 was rightly informed that he was not entitled for the benefit of amendment in the pay scale he having already retired on 31.01.1997.

It was held by the SC that the judgment of the High Court was unsustainable and was therefore set aside. The appeal was allowed.

In the present case, the respondent who had retired on 31.01.1997, after the Government order dated 02.02.2007 submitted a representation on 21.07.2011 praying that he be given the benefit of the Government order dated 02.02.2007 and his pension be revised with effect from 01.01.1996. On 30.11.2012, the Director, Pension, Uttar Pradesh informed the respondent that he is not entitled for any revised pension since he has already retired from the services on 31.01.1997 and the amendment in the pay scale was enforced from 01.04.2001.

The appeal was filed by the State of Uttar Pradesh before the SC challenging the judgment of Division Bench of the Allahabad High Court, by which writ petition filed by the respondent seeking the benefit of higher pay scale with effect from 01.01.1996 was allowed. The said judgment of the HC was set aside by the SC - direction to pay higher pay scale consequentially was also set aside.