VidhiSangh

Supreme Court of India · 17/12/2021

RAJESH PRAVINCHANDRA RAJYAGURU versus GUJARAT WATER SUPPLY & SEWERAGE BOARD AND ORS.

[2021] 9 S.C.R. 846 · 2021 INSC 917

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected daily-rated Board employees’ claim to higher scales under State resolutions of 1991 and 1992 which the autonomous Board had not adopted. Adoption of the parent 1988 resolution did not automatically incorporate those later changes. Mistaken grants by some zonal offices, subsequently withdrawn with recovery sought, could not create an Article 14 right to the same benefit. Pay decisions also required regard to the Board’s distinct finances and policy choices. The appeals were dismissed, while benefits under the adopted 1988 resolution were expressly continued.

Issues

  1. Whether adoption of the 1988 parent resolution automatically extended later State pay resolutions to Board employees.
  2. Whether mistaken grants to other employees established a right to parity.

Provisions considered

Held

Result

Both appeals dismissed; later-resolution pay benefits denied; benefits under the adopted 17 October 1988 resolution continued; no costs.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 846.