TaxTMI 
TaxTMI 
2014 (6) TMI 983
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....those holding isolated posts and fixation of pay in Selection Grades. The circular was made applicable to certain categories of employees and it also prescribed the period. Paragraph 2 of the circular stipulated that (i) the first Selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre; (ii) the second Selection Grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employees has not got two promotions earlier as might be available in his existing cadre and the first Selection Grade granted to him was lower than the pay scale of Rs. 2200-4000; and (iii) the third Selection Grade shall be granted from the day following the day on which one completes services of twenty seven years, provided that the employee has not got three promotions earlier as might be available in his existing cadre and the first or the second Selection Grade granted to him as the case may be was lower than the pay scale of Rs. 2200-4000. Paragraph 3 provided that the s....
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.... of their service. Therefore, even de hors the rules, they were entitled to grant of increments on the basis of contract of service. We would therefore, allow these appeals, set aside the impugned judgment and order of the learned single Judge and direct the respondent, the State, to pay arrears of increments on the basis of the pay scales mentioned in the appointment letters of the appellants. This is to be done within six months from today. As a consequence of this order, the necessary re-fixation in the pay scales granted to the appellants after regularization will also be effected within the aforesaid period." The said order was assailed before this Court in Civil Appeal No. 3441 of 1998 and other connected appeals. This Court, vide order dated 27.9.2001, dismissed the appeals by passing the following order:- "The question raised in these appeals is as to whether the respondents would not entitled to grant of increments during the period of their temporary service. Answer to this question would certainly depend on the terms of service upon which they were employed. The High Court has examined this aspect of the matter and has found that they had been appointed to....
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....decided by 31st of July, 2009 positively and compliance report should be conveyed to the Administrative Department latest by 10th of August, 2009. The Administrative Department shall ensure that compliance of the aforesaid orders is made in time by all the appointing authorities under them. In case of non compliance of these orders, Administrative Department may take action against the defaulting authorities. The excess payment drawn by the concerned employees due to grant of selection grades to them by counting the service rendered before regular appointment in the cadre/service in accordance with the provisions contained in the relevant recruitment rules shall, however, to be recovered for the period upto 30.06.2009 only. From 01.07.2009, the payment of pay and allowance shall be made on the basis of revised rates of pay as per this order." As the factual score would demonstrate the respondents submitted a representation for grant of selection grade on completion of 18 years on the foundation that they had been granted first selection pay scale from the date of their initial appointment vide order dated 20.7.2000 but had not been extended the benefit of the second selection gr....
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....d 29.6.2009 by counting period of ad-hoc service, such case may not be reviewed. However, where additional selection grades become admissible to such employees after 29.6.2009 under the rules, this shall be granted by excluding the period of ad-hoc service as per the orders of Hon'ble Supreme Court. For example, if any employees got the advantage of first selection grade prior to 29.6.2009, on completion of service of 9 years (after inclusion of say, three years, ad- hoc service), his next selection grade on completion of service of 18 years, on or after 29.6.2009 shall be granted only after three years of ad- hoc service is added to 18 years, i.e., 18+3=21 years. All pending cases would be decided as per these orders. The cases of grant of selection grade decided subsequent to order of even number dated 29.6.2009, may be reviewed and revised in accordance with the provisions of this order. Similarly pension cases of Government servants finalized after re-fixation of pay under order dated 29.6.2009 may also be reviewed and revised. However, cases of persons who retired prior to 29.6.2009 would not be re-opened." When the position stood thus, the writ petition prepared by the ....
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.... State to say that the controversy was not covered by the decision in Chandra Shekhar's case, and it could only be raised in appeal. Learned counsel for the State would submit that the Division Bench while dealing with appeal only recorded that the order had been passed with the agreement of the parties and, therefore, it did not call for any interference and it was open to the appellants to approach the writ court first and then invoke the jurisdiction in intra-court appeal, which graphically exposits the erroneous approach. It is further urged by him that when on the face of a binding precedent that squarely pertains to the issue between the State and similarly situated employees the writ court should not have cryptically rejected the same that the order was passed on consent. Ms. Aishwarya Bhati, learned counsel appearing for the respondents submitted that the State having conceded the position cannot turn around and argue something different to deprive the respondents the benefits of the decision of the High Court as it does not behove on the part of a model employer. It is canvassed by her that when the first selection grade was granted after completion of 9 years from the ....
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.... the existing cadre/service" in Para 3 of the G.O. dated 25-1-1992 which provided for selection pay scale the appointment mentioned there is obviously a need for regular appointment made in accordance with the Recruitment Rules. What was implicit in the said paragraph of the G.O. when it refers to appointment to a cadre/service has been made explicit by the clarification dated 3-4-1993 given in respect of Point 2. The same has been incorporated in Para 3 of the G.O. dated 17-2-1998." Proceeding further, the Court ultimately held thus: - "Apart from Haryana Veterinary case the position in law as stated in State of Punjab v. Ishar Singh[(2002) 10 SCC 674] and State of Punjab v. Gurdeep Kumar Uppal[(2003) 11 SCC 732] clearly lays down that while reckoning the required length of service the period of ad hoc service has to be excluded." From the aforesaid enunciation of law it is quite vivid that the period for grant of selection grade has to be reckoned from the date of regularization in service and not prior to that. Thus, the aforesaid judgment of this Court pertains to the same circular and is a binding precedent from all spectrums. It is well settled in law that there c....
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....pable errors committed by it. But, there are definitive limits to the exercise of the power of review. The power of review may be exercised o the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate Court to correct all manner of errors committed by the subordinate Court." In M/s Thungabhadra Industries Ltd. v The Government of Andhra Pradesh represented by the Deputy Commissioner of Commercial Taxes[AIR 1964 SC 1372], while dealing with the concept of review the court opined thus:- "A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. We do not consider that thi....
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....enary jurisdiction under Article 226 of the Constitution, a grave miscarriage of justice occurs. In appeal the Division Bench, we assume, did not think even necessary to look at the judgments and did not apprise itself the fact that an application for review had already been preferred before the learned Single Judge and faced rejection. As it seems, it has transiently and laconically addressed itself to the principle enshrined in Section 96 (3) of the Code of Civil Procedure, as a consequence of which the decision rendered by it has carried the weight of legal vulnerability. Another aspect is required to be taken note of especially regard being had to the facts of the case. The learned single Judge allowed the writ petition accepting the submission that the controversy was covered by the decision in Chandra Shekhar (supra). The order of the learned single Judge has been recorded on the basis of concession given by learned counsel for the State. The counter affidavit filed by the State was absolutely contrary to the said statement. It is further perceivable that the learned single Judge has also recorded that he had perused the records. It does not appear to be so, for the counte....
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....sdiction is guilty of unexplained delay and laches; (e) ex facie barred by any laws of limitation; (f) grant of relief is against public policy or barred by any valid law; and host of other factors. The Court in appropriate cases in its discretion may direct the State or its instrumentalities as the case may be to file proper affidavits placing all the relevant facts truly and accurately for the consideration of the Court and particularly in cases where public revenue and public interest are involved. Such directions are always required to be complied with by the State. No relief could be granted in a public law remedy as a matter of course only on the ground that the State did not file its counter-affidavit opposing the writ petition. Further, empty and self-defeating affidavits or statements of [pic]Government spokesmen by themselves do not form basis to grant any relief to a person in a public law remedy to which he is not otherwise entitled to in law." The above quoted passage speaks eloquently and we respectfully reiterate. And we add, non-acceptance of a mistake is not a heroic deed. On the contrary, it reflects flawed devotion to obstinancy. The 'pink of....