Summary
Head Operators of the Kerala Water Authority were not entitled to retain a higher revised pay scale that had resulted from creation of an intermediate Senior Operator post later held unauthorized. Once that intermediate post was abolished, restoring each category to the revised scale corresponding to its own pre-revised scale was lawful. The High Court’s protection against recovery of amounts already disbursed remained in place.
Issues
- Whether restoration of the corresponding revised pay scale after abolition of the intermediate Senior Operator post was arbitrary.
Provisions considered
- Annexure 2, Note 13, Third pay revision of 1999Creation of the intermediate post had caused the upward scale adjustment; abolition of that post justified reverting to the corresponding revised scales. (¶¶ 5–6, 13–14)
- Deletion of Senior Operator post and refixation of scales, Government Order GO(P) No.18/04/WRD dated 18 March 2004Lawfully restored the corresponding revised scale for Head Operators following the ruling against creation of the intermediate post by administrative order. (¶¶ 9, 13–14)
Held
- The higher scale for Head Operators arose because the intermediate Senior Operator post had been assigned their former corresponding scale. When the intermediate post was abolished after being held ultra vires, the Government correctly restored the categories to revised scales matching their pre-revised scales. (¶ 13–14)
- For Head Operators, the pre-revised scale of Rs.1455–2440 corresponded to Rs.4710–7710. Restoration of that scale was consistent with law; the High Court had fairly protected employees and pensioners against recovery of covered sums already disbursed. (¶¶ 11, 13–14)
Result
Appeal dismissed without costs. Refixation upheld and the High Court’s direction against recovery maintained.