SUPREME COURT HOLDS NO DISTINCTION BETWEEN PAY-SCALES OF EMPLOYEES APPOINTED ON COMPASSIONATE GROUND

Recently, the #Government of #UttarPradesh challenged a High Court Order which held that there can be no #distinction in #payscale of persons appointed on a particular post. Obviously, this was an ill-advised step and the Hon’ble Supreme Court dismissed their Appeal upholding the Allahabad High Court Order.

The Division Bench of the Hon’ble Supreme Court of India comprising of Justices M.R. Shah and B.V. Nagarathna passed an Order dated 03-12-2021 in the case of State of U.P. & Anr. v. Aishwarya Pandey { Special Leave to Appeal (C) No(s). 19255/2021} and affirmed that there cannot be a distinction between pay-scales for an employee appointed on compassionate ground and the employee appointed on a regular basis. The Court held that the moment a person is appointed on a particular post, that person is entitled to the pay-scale of that post, even if appointed on compassionate ground.

In the instant case, the Respondent was appointed as an Officer on Special Duty, maybe on compassionate ground. However, she was placed in the pay-scale of Rs.6500-Rs.10,500/- which was lower than the pay-scale required to be paid to an Officer on Special Duty.

Aggrieved, the Respondent filed a Writ Petition in the High Court of Allahabad (High Court). The High Court vide Final Judgment and Order dated 17-09-2021 allowed the Respondent’s Writ Petition directing the State Authorities to pay Rs. 8000-Rs. 13,500/- pay-scale, which pay scale was available to the post of Officer on Special Duty. Challenging the Impugned Order dated 17-09-2021, the Petitioners, State of U.P. approached the Hon’ble Supreme Court of India. The Bench while dismissing the Petition observed that once a person is appointed on a particular post, maybe on compassionate ground, that person is entitled to the pay-scale of the same post.

In this regard, the Court made the following observation:

“It is not in dispute that the Respondent was appointed on the post of Officer on special duty, maybe on compassionate ground. However, she was placed in the pay-scale of Rs. 6500-Rs. 10,500/- which was lower than the pay-scale required to be paid to officer on Special Duty.”

“3. It is the petitioner – State which appointed the respondent on compassionate ground on the post of Officer on Special Duty. Thereafter, it is not open for the State to contend that the respondent could not have been appointed on compassionate ground on the post of Officer on Special Duty as the same was required to be filled by the Public Service Commission. There cannot be two different pay-scales for the employee appointed on compassionate ground and the employee appointed on regular basis. The moment a person is appointed on a particular post, that person is entitled to the pay-scale of the very post, even if the appointment is on compassionate ground. At this stage, it is required to be noted that even in the case of similarly situated employees, the similar benefit was granted.”

The Apex Court held that there is no merit in the Special Leave Petition and the same cannot be allowed.

Sushila Ram Varma

Chief Consultant

The Indian Lawyer & Allied Services