Summary
The Supreme Court rejected claims by typists, counter and routine clerks and storekeepers to merged LD/UD assistant pay scales. The government scheme concerned specified junior and senior categories; it did not extend uniformly to every Class III post. The Principal’s provisional redesignation and pay fixation required University approval, which had not been granted. Exercising Article 142, however, the Court barred recovery of amounts already paid under that order or the Single Judge’s order, given the authorities’ delay and absence of employee misrepresentation.
Issues
- Whether employees in other Class III posts were entitled to the merged LD/UD assistant pay scales.
- Whether provisional redesignation by the Principal created an enforceable entitlement without competent approval.
- Whether amounts already paid could be recovered.
Provisions considered
- Article 142, Constitution of IndiaThe Court protected past payments from recovery in view of prolonged administrative delay, employee circumstances and absence of misrepresentation, while rejecting the substantive pay claim. (¶ 23-24)
Held
- The merger scheme applied to specified categories with junior and senior pay scales, not every Class III post. The appellants occupied different sanctioned posts and were not appointed, promoted or regularised as LD/UD assistants or clerks. Without a right under the scheme, mandamus could not compel merger. (¶ 16-19)
- The Principal’s order was expressly provisional and subject to University approval. The necessary redesignation required the Vice Chancellor’s specific sanction, which had not been obtained; provisional payments did not establish entitlement to continued merged scales. (¶ 20-22)
- The authorities’ five-year delay and absence of employee misrepresentation made recovery inequitable in the circumstances. Article 142 protection covered amounts paid under the Principal’s order and, if any, the Single Judge’s order, without conferring a continuing right to the higher scales. (¶ 23-24)
Result
Appeal dismissed, with protection against recovery of amounts already paid under the specified orders. Parties to bear their own costs.