MP HC Directs State To Grant Employee Two Advance Increments Under Unchallenged 2002 Administrative Tribunal Order

The petitioner, appointed as a UDT on 24 September 1993, stated that he had obtained a B.Ed. degree at his own expense in 1992.

A departmental circular dated 24 December 1998 provided two advance increments to employees who obtained specified qualifications at their own expense.

The petitioner was among the applicants in O.A. No. 727/2002, which the State Administrative Tribunal allowed on 6 November 2002, directing that the applicants receive two advance increments from the date they passed the relevant examination, with pay refixation and arrears.

The petitioner later represented for implementation of that order.

The High Court noted that the Tribunal’s order had not been challenged and that a similarly situated employee had received the benefit in 2025.

The petition was brought under Article 226 of the Constitution.

The operative rule was the Tribunal’s order in O.A. No. 727/2002: the applicants were entitled to two advance increments from the date of passing the B.Ed./B.T.I. examination, with pay refixation and payment of arrears; the order also provided for interest at 8% per annum on arrears if payment was not made within three months of receipt of the order.

The High Court also considered that the Tribunal’s order had not been challenged and that the benefit had been extended to a similarly situated employee.

The Court treated the Tribunal’s unchallenged order as operative and noted that the petitioner was one of the applicants covered by it.

It also took account of the grant of the same benefit to a similarly situated employee.

On those grounds, it directed the respondents to implement the Tribunal’s directions in the petitioner’s case; it did not separately resolve the State’s objection based on delay.

Pending applications, if any, were disposed of.