Madras High Court
Employment and Labour LawAdministrative and Public Law

Courts cannot perpetuate erroneous pay fixation merely because earlier orders approved it.

The Executive Engineer vs T Manivannan

Madras High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Courts cannot perpetuate erroneous pay fixation merely because earlier orders approved it.. The Executive Engineer vs T Manivannan. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondent was appointed as a Fitter Grade-II in 1991.

Source reference: no citation

His pay was fixed in the scale of Rs. 4,000–6,000 with effect from 1 January 1996, treating him as a Grade-I Fitter.

Source reference: p. 4, para. 4

The Board later concluded that the relevant circular applied only to Electricians with the prescribed qualifications, not Fitters, and re-fixed his pay, also ordering recovery.

Source reference: p. 5, paras. 5–6

The respondent’s writ petitions challenging the Board’s proceedings were allowed by a common order dated 8 November 2013.

Source reference: p. 3, paras. 2–3

The Board’s reviews of that order were dismissed on 2 June 2025; it appealed from those dismissals.

Source reference: p. 3, paras. 2–3
02

Issues

Whether the Board could correct the respondent’s pay fixation on the ground that the higher scale under the relevant circular applied to Electricians, not Fitters.

Source reference: pp. 5–6, paras. 5–6; p. 8, para. 11

Whether the earlier writ-court decisions could be relied on to perpetuate a pay-fixation error, and whether the review dismissals should be set aside.

Source reference: pp. 7–8, paras. 9–11
03

Law Applied

Pay-scale determination and equation of posts are primarily executive functions involving specialist assessment; courts should exercise judicial restraint and not direct fixation of a particular scale. Judicial review may be warranted where an executive decision is unjust or prejudicial and ignores material or relevant facts, but the court must not itself prescribe a pay scale.

Source reference: p. 7, paras. 9–10

The Court relied on State of Haryana v. Haryana Civil Secretariat Personal Staff Association, (2002) 6 SCC 72, for the principle that granting pay scales is an executive function and ordinarily not a matter for judicial interference.

Source reference: p. 7, para. 9

The Court also stated that an unintentional administrative error may be corrected, whereas knowing errors or irregularities may attract disciplinary proceedings under the applicable service rules.

Source reference: p. 6, para. 8
04

Reasoning

The Court accepted the Board’s position that the circular of 10 June 1999 concerned Electricians and did not extend the Grade-I scale to Fitters.

Source reference: pp. 5–6, paras. 5–6

The respondent’s inclusion in the 1999 pay-fixation proceedings was therefore treated as a mistake, which the Board could correct.

Source reference: pp. 5–6, paras. 5–6

The Court considered that the material facts concerning the applicable category and scale had not been taken into account in the earlier writ decisions.

Source reference: pp. 7–8, paras. 9–11

It held that those decisions should not be followed as precedent to continue the alleged error, particularly given the executive and specialist nature of pay fixation.

Source reference: pp. 7–8, paras. 9–11
05

Holding

The Court allowed both writ appeals and set aside the common order dated 2 June 2025 dismissing the review applications.

No costs were awarded, and the connected miscellaneous petitions were closed.

Source reference: p. 8, para. 11
Madras High Court

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The Executive EngineervsT Manivannan

Madras High Court · September 29, 2026

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