Entitlement to second higher pay scale benefits becomes redundant if granted by authorities during pendency of petition.

The petitioner, an Additional Assistant Engineer, filed this petition under Article 226 of the Constitution of India seeking a direction to the respondent authorities to grant him the benefit of the 2nd higher pay scale as per the Government Resolution (G.R.) dated 02.07.2007

The petitioner claimed entitlement based on completing 24 years of service, calculated from either 21.04.1980 or 07.08.1980

On 25.03.2013, the High Court issued an interim direction ordering the competent authority to consider the petitioner's eligibility and pass appropriate orders within a specified timeframe

During the pendency of the petition, the respondent (District Panchayat) updated the petitioner's service book, reflecting that the benefit was granted, and the petitioner subsequently retired from service

1. Whether the petitioner is entitled to the 2nd higher pay scale benefit upon completion of 24 years of service as per the Government Resolution dated 02.07.2007

2. Whether any further adjudication is required given that the benefits were disbursed during the pendency of the litigation

The court primarily applied the administrative policy framework established under the Government Resolution dated 02.07.2007, which governs the grant of higher pay scales to state employees upon reaching specific years of service (typically 9, 18, and 24 years) to mitigate stagnation

The court also exercised its discretionary jurisdiction under Article 226 of the Constitution of India to ensure the timely implementation of statutory service benefits

The court examined the interim proceedings and the subsequent actions taken by the respondents. Specifically, it referred to the order dated 25.03.2013, which noted that the respondents did not dispute the petitioner's completion of 24 years of service

The court analyzed the updated service records presented by the counsel for respondent No. 3, which confirmed that following the court's interim intervention, the administrative authorities complied with the G.R. dated 02.07.2007 by granting the 2nd higher pay scale

Since the petitioner had received all consequential benefits and had already retired, the court determined that the grievance underlying the petition had been resolved, rendering further legal deliberation on the merits unnecessary

The petition was partly allowed to the extent that the relief sought was effectively realized. The court made the Rule absolute in those terms with no order as to costs