Higher Pay Scale entitlement accrues from date of passing departmental examination for employees with nine years' service.

The petitioner was appointed as a Junior Clerk (Group-IV) on August 16, 1997.

He cleared the mandatory departmental examination in his fourth attempt on April 4, 2008.

Consequently, he was granted the first higher pay scale benefit from August 17, 2009 (upon completing 12 years of service) under Government Resolution (GR) dated July 2, 2007.

Additionally, he was granted a promotion to Group-III effective March 8, 2011, while his junior was promoted on June 6, 2009.

The petitioner approached the Court in 2018 seeking the higher pay scale from the date of passing the exam (April 4, 2008) and a deemed date of promotion from June 6, 2009.

1. Whether the petitioner is entitled to the first higher pay scale from the date of passing the departmental examination (April 4, 2008) instead of the completion of 12 years of service.

2. Whether the petitioner is entitled to a deemed date of promotion from June 6, 2009, when his junior was promoted.

Clause 4(a) of the Government Resolution dated July 2, 2007, which stipulates that employees who completed 9 years of service as of the resolution date remain governed by the earlier GR dated August 16, 1994.

Under Clause 3(9) of the 1994 GR, an employee is entitled to the higher pay scale benefit from the date of passing the departmental examination.

General Administration Department Circular dated November 22, 1984, which mandates that an employee must have cleared the departmental examination by the date of the Departmental Promotion Committee (DPC) meeting to be considered for promotion.

Regarding the higher pay scale, the court found that since the petitioner had completed 9 years of service by July 2, 2007, he was protected by Clause 4(a) of the 2007 GR, making the 1994 GR applicable.

Under the 1994 logic, the benefit must accrue from the date of passing the exam (April 4, 2008) rather than the 12-year completion date used by the State.

Regarding the deemed promotion, the court observed that the DPC met on February 2, 2008, at which time the petitioner had not yet passed the exam; therefore, per the 1984 Circular, he was ineligible for consideration at that time.

Furthermore, the court found the 7-year delay in challenging the 2011 promotion order (filed in 2018) as a ground for rejection under the doctrine of laches, noting that granting such relief would affect third-party seniorities.

The court rejected the prayer for a deemed date of promotion due to the petitioner’s ineligibility on the date of the DPC and the inordinate delay/laches in filing the petition.

The court partly allowed the petition and directed the respondents to pay arrears by June 30, 2026.