Post-Retirement Down-Gradation of Pay Scale and Denial of Sanctioned Post Status After Long Service Is Impermissible

The petitioner was appointed as an Electrician in Ranchi University in 1969.

Following a selection process, he was appointed as a Junior Technician in 1979.

Subsequently promoted to Workshop Superintendent in 2001 in the pay scale of Rs. 1640–2900.

He superannuated on 21.05.2003.

After 20 years of retirement, the State authorities reduced his pay scale to that of an Electrician (Rs. 3050–4590) effective from 01.01.1996, alleging that the post of "Technical Superintendent (Electric)" was never sanctioned.

The petitioner challenged the orders dated 14.08.2023 and 09.10.2023, seeking restoration of his pay scales and benefits of the 5th and 6th Pay Revisions.

1. Whether the respondents were justified in reducing the petitioner's pay scale and upsetting settled service benefits 20 years after his retirement.

2. Whether the petitioner held a sanctioned post entitled to the 5th and 6th Pay Revision benefits.

pension is a statutory right and not a bounty or charity.

if no objection was raised regarding an appointment during the entire service period, the State cannot deny terminal benefits or question the appointment after retirement.

pay fixation cannot be disturbed decades after retirement.

The court found that the State proceeded under a "wrong impression" that the petitioner was a "Technical Superintendent (Electric)," whereas the records proved he was a "Workshop Superintendent," a UGC-recommended post sanctioned during the 5th Plan Period.

Since the petitioner was promoted to Junior Technician in 1979 and Workshop Superintendent in 2001, he was legally entitled to the replacement scales of those specific posts rather than the lower post of Electrician.

The court reasoned that the State cannot raise objections regarding sanctioned posts or pay scales for the first time 13 to 20 years post-retirement when the employee had served for decades without objection.

It held that the petitioner is entitled to the 5th Pay Revision benefits (Rs. 5500–9000) from 01.01.1996, the replacement scale of Workshop Superintendent from 04.05.2000, and the 6th Pay Revision benefits from 01.01.2006.

The respondents were directed to calculate and pay all retiral dues and pension arrears within 12 weeks. The writ petition was allowed.