NDLI: Rushibhai Jagdishchandra Pathak Vs. Bhavnagar Municipal Corporation

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Matter: Pay Scale
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Matter: Pay Scale – Recovery of arrears – In terms of the scheme, the appellant-‘Data Entry Operator’ granted higher pay-scale of the next promotional post of Rs. 5,000-8,000/- from different dates – Pursuant to the order dated 28th October 2010, the benefit provided under the Scheme revised by the respondent-corporation observing that the appellants and others employees were erroneously granted benefit of the higher grade pay-scale of the next promotional post instead of the next stage in the hierarchy of pay scales – Higher pay scale of the promotional posts granted to the appellants withdrawn and the excess payments made were recovered from the appellants – After a gap of seven years, the appellants filed writ petitions challenging the order dated 28th October, 2010 and direction was sought against the respondent-corporation to avail the pay-scale of the next higher promotional post and to pay the arrears – Writ Petition allowed – Division Bench partially allowed the appeal by the Corporation, in view of delay and laches on the part of the appellants in approaching the court, by restricting the grant of higher pay-scale of Rs. 5,000-8,000/- with consequential benefits from the date of the judgment of the Single Judge; that the prayer of the appellants for recovery of arrears from 2010 was declined, and that the respondent-Corporation, would not be required to refund any amount that they have recovered from the appellants pursuant to the order dated 28th October 2010 – On appeal, held: Rules of limitation and delay and laches are not meant to destroy the rights of the parties but serve a larger public interest and are founded on public policy – If the employee’s claim is found to be correct on merits, they would be entitled to be paid according to the properly fixed pay-scale in future and the question of limitation would arise for recovery of the arrears for the past period – Appellants entitled to arrears in the pre-revised pay-scale of Rs. 5,000-8,000/- for three years prior to the date of filing of the Writ Petitions along with interest at the rate of 7% per annum with effect from 1st September 2017 – Limitation Act, 1963 – Delay and Laches.
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2022 INSC 592
Petitioner	Rushibhai Jagdishchandra Pathak
Respondent	Bhavnagar Municipal Corporation
SCR	[2022] 16 S.C.R. 1014
Judgement Date	2022-05-18
Case Number	4134

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Rushibhai Jagdishchandra Pathak Vs. Bhavnagar Municipal Corporation

Rushibhai Jagdishchandra Pathak Vs. Bhavnagar Municipal Corporation

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