Higher pay scale entitlement cannot be withheld when the administration fails to hold the departmental examination on time.

Where an employee completed the qualifying service for a higher grade pay scale, the benefit could not be withheld merely because the departmental examination was not conducted within the eligibility period. The later circular dated 24.11.2004 and Government Order dated 22.06.2006 clarified that the administration could not stall the higher pay scale on that ground, and those instructions had to be given effect over the earlier policy. The withdrawal of the benefit based only on the prior resolution was therefore inconsistent with the revised policy framework, and the employee's entitlement on completion of nine years of service stood affirmed.

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Issues: Whether an employee who completed the qualifying period of service was entitled to the higher grade scale when the departmental examination was not held within the eligibility period and the benefit had been withdrawn on the basis of the earlier policy.

Analysis: The governing policy initially required completion of service and passing of the prescribed departmental examination, but the later circular of 24.11.2004 and the Government Order dated 22.06.2006 made it clear that where the examination was not organised in time, the benefit of higher pay scale could not be stalled on that ground. The withdrawal order rested on the earlier resolution alone and the later instructions were not properly considered. The denial of the higher grade scale was therefore inconsistent with the revised policy framework.

Conclusion: The appellant was entitled to the higher pay scale on completion of nine years of service, and the withdrawal of that benefit could not be sustained.

Final Conclusion: The impugned judgment was set aside and the appellant's entitlement to the higher grade scale stood affirmed.

Ratio Decidendi: Where the administration itself fails to conduct the prescribed departmental examination within the eligibility period, the benefit of a higher pay scale cannot be withheld or withdrawn solely for non-passing of that examination during that period if the later governing instructions prohibit such stalling of the benefit.

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