About 13 petitioners have taken out common petition on the allegation that the benefits available to the employees in light of the Government's policy to grant higher pay-scale, subject to compliance of other conditions, on completion of 9 years / 18 years / 27 years of service, have not been made available to them despite the fact that they became eligible for the higher pay-scale on completion of service of 9 years in 1998-1999.
2. Though relevant and necessary factual background of each of the petitioners would be different including the details about their date of joining and completion of 9 years' service, common petition has been filed. It is claimed that all the petitioners completed 9 years' service and became eligible for the benefit under the Scheme in 1998-1999. Reliance is also placed on the representation said to have been made in November 1998 claiming the said benefit.
3. On the record of present petition, representation of one of the petitioners has been placed, however, it is claimed that each of 13 petitioners have made representation and neither any decision on the representation has been taken nor the benefit has been given.
4. Learned advocate for the petitioner has submitted that for the first time this benefit of higher pay-scale came to be allowed in favour of the petitioners in 2005, however, the benefit available on completion of 9 years' service has not been granted and the petitioners are deprived of the said benefit flowing from the Government's policy.
5. Since the relevant details, including the clarification about the higher pay-scale which came to be granted in 2005, i.e. whether the said higher pay-scale was granted on completion of 9 years' service and/or whether the arrears were paid or not and/or whether the said benefit came to be granted on completion of 18 years' service or otherwise, is not coming out clearly from the petition and that therefore, it is difficult to take any clear view of the matter.
In this background, learned advocate for the petitioner has made reference of the above referred representation made by the petitioners.
6. Under the circumstances, present petition is disposed of at this stage with direction to the respondent competent authority to decide the representation of the petitioners within period of 4 weeks from the date on which certified copy of present order is served. It would be open to the petitioners to submit present petition itself as part of their representation. It would also be open to the petitioners to submit further relevant details regarding their date of joining, total length of service and the date on which, according to the petitioners, they became eligible for higher pay-scale on completion of 9 years / 18 years / 27 years service.
6.1 The respondent competent authority shall pass a reasoned order and the same shall be communicated to the petitioners.
6.2 If the respondent competent authority finds that delay has been caused in granting the benefit, the respondent competent authority shall also take necessary decision and pass appropriate direction to make the payment of arrears to the petitioners. If the respondent competent authority finds that any payment is required to be made, such payment shall be made within 4 weeks from the date on which the competent authority passes the order.
6.3 If the decision of the respondent competent authority is against the petitioners, then, it would be open to the petitioners to challenge the said decision, in accordance with law.
With the aforesaid observations, clarifications and direction, present petition stands disposed of.
Direct service is permitted.
(K.M.Thaker, J.) kdc Top