Facts
The respondent was appointed as a Fitter Grade-II in 1991.
Source reference: no citationHis 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. 4The 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. 5–6The respondent’s writ petitions challenging the Board’s proceedings were allowed by a common order dated 8 November 2013.
Source reference: p. 3, paras. 2–3The Board’s reviews of that order were dismissed on 2 June 2025; it appealed from those dismissals.
Source reference: p. 3, paras. 2–3Issues
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. 11Whether 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. 9–11Law 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. 9–10The 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. 9The 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. 8Reasoning
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. 5–6The 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. 5–6The 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. 9–11It 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. 9–11Holding
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. 11Original Court PDF
The Executive EngineervsT Manivannan
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