Facts
The respondents were appointed as Rig Helper and Helper in 1987.
Source reference: p.3–4The TWAD Board had issued B.P.No.505 on 12 December 1986 revising pay scales for specified categories of posts; the respondents later sought a higher scale by relying on that proceeding and on benefits granted to other employees following a Labour Court award.
Source reference: p.3–4After their writ petitions were dismissed, a Division Bench granted them liberty to seek review.
Source reference: p.3–4The Single Judge allowed the review applications and granted the revised pay-scale benefit.
Source reference: p.3–4The Board appealed against those orders.
Source reference: p.3–4Issues
Whether employees appointed after B.P.No.505 could claim a higher pay scale under that proceeding, notwithstanding the scale and terms of their appointment.
Source reference: p.6–7Whether benefits granted to other employees, including through prior court orders or their implementation, entitled the respondents to the same benefit.
Source reference: p.7–9Law Applied
Pay-scale fixation and the equation of posts are primarily executive functions requiring institutional expertise; courts should exercise judicial restraint and interfere only within the limits of judicial review (State of Haryana v. Haryana Civil Secretariat Personal Staff Association, (2002) 6 SCC 72).
Source reference: p.8A mistaken or individual judicial order does not establish a precedent requiring the same error to be repeated (A. Sundaram v. State of Tamil Nadu and Others, 2020 MHC 2249).
Source reference: p.7–8In assessing entitlement to a scale, the appointment order and the post and conditions under which the employee was appointed are relevant.
Source reference: p.6–7Reasoning
B.P.No.505 pre-dated the respondents’ appointments and applied to specified categories of posts and employees.
Source reference: p.6–7The Court held that entitlement could not be determined solely by a candidate’s educational qualification: the appointment order and the post to which the employee was appointed had to be considered.
Source reference: p.6–7The respondents had accepted their appointments on the stipulated terms and could not later claim a higher scale merely on the basis of having passed SSLC.
Source reference: p.6–7Nor did benefits granted to other employees—potentially through erroneous orders or implementation—require the Board to perpetuate the same result.
Source reference: p.7–9The Single Judge had not considered these material facts.
Source reference: p.9Holding
The Court allowed both writ appeals.
The Court set aside the orders dated 1 June 2023 allowing the review applications, and closed the connected miscellaneous petitions.
Source reference: p.10No costs were ordered.
Source reference: p.10Original Court PDF
Managing DirectorvsR. Balakrishnan
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
