Petitioner sought fixation of his pay in the Development Officer Grade-I scale from his confirmation date. The court held that the company's administrative instructions conditioned this upgrade on achieving specific business targets, dismissing the writ petition.
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SBCWP No.698/98 – Ram Narain Dayama v. New India Assurance Col Ltd. & ors Date of Order: 05.03.2009 1 of 4
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
J O D H P U R
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O R D E R
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Ram Narain Dayama v. New India Assurance Co. Ltd.
& others
S.B. CIVIL WRIT PETITION NO.698 OF 1998
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Date of Order: 05th March, 2009
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P R E S E N T
HON'BLE MR JUSTICE GOVIND MATHUR
Mr D.K. Parihar, for the petitioner
Mr M.P. Swami for Mr Anil Bachhawat, for the respondents BY THE COURT:
The petitioner entered in the services of respondent New India Assurance Co. Ltd. as Development Officer Grade-II on 01st January, 1990 and he was confirmed as such with effect from 01st January, 1991. At the time of initial appointment, fixation of petitioner's pay was made as per clause 7-A of the General Assurance (Rationalisation of Pay Scale and other Service
SBCWP No.698/98 – Ram Narain Dayama v. New India Assurance Col Ltd. & ors Date of Order: 05.03.2009 2 of 4
Conditions) Scheme, 1976 {herein after 'the Scheme of 1976'}, read with Schedule 'C' appended with the Scheme aforesaid. The respondent-Company allowed pay scale relating to the post of Development Officer Grade-I to the petitioner with effect from 01st April, 1994.
By this petition for writ, petitioner is claiming for fixation of his pay relating to the post of Development Officer Grade-I with effect from 01st January, 1991, the date on which petitioner was confirmed as Development Officer Grade-II. It is asserted by learned counsel for petitioner that as per Rationalisation Scheme of 1976, petitioner is entitled for getting fixation of his pay in the pay scale relating to the post of Development Officer Grade-I from the date of confirmation and grant of such pay scale can not be made dependent to achieving target of business.
Per contra, as per respondents the Scheme of 1976 prescribes different pay scales for Development Officer Grade-II and Development Officer Grade-I under Schedule 'C', however, the criteria for grant of the pay scale relating to Development Officer Grade-I is prescribed by the Company under its letter dated 16th October, 1991, relevant portion of that is given in letter dated 31st October, 1991 (Annx.R/1). As per instructions
SBCWP No.698/98 – Ram Narain Dayama v. New India Assurance Col Ltd. & ors Date of Order: 05.03.2009 3 of 4
prescribed under letter dated 16th October, 1991, conditions for grant of pay scale relating to the post of Development Officer Grade-I are as follows:
“1. A confirmed Development Officer Gr.II can be considered for placement in Gr.I only from an appraisal date i.e. 1st April (notionally effective from 1.4.1990) and that the same can not be considered from any other date.
Heard learned counsel for the parties.
Under the Scheme of 1976 certain amendments were introduced with effect from First day of January, 1987. The Scheme aforesaid prescribes various service conditions including mode and criteria for fixation of Development Officers in different pay scales. As per clause 7-A of the Scheme, scales of pay, method of fixation and payment of arrears are required to be determined as specified in Schedule 'C'. Schedule 'C' of the Scheme prescribe that a Development Officer Grade-I shall be entitled for the pay scale of Rs.1430-3880 whereas Development Officer Grade-II will be entitled for the pay scale of Rs.10501410. No criteria is prescribed under the Scheme of 1976, as
SBCWP No.698/98 – Ram Narain Dayama v. New India Assurance Col Ltd. & ors Date of Order: 05.03.2009 4 of 4
amended time to time, for conferment of pay scale of Development Officer Grade-I to Development Officer Grade-II. Such criteria is prescribed by the Company by issuing administrative instructions under letter dated 16th October, 1991. Such administrative instructions make the grant of pay scale relating to Development Officer Grade-I dependent to achieving target prescribed.
The petitioner failed to achieve target for the year 199192, however, same was achieved by him in the subsequent year i.e. 1992-93 and respondents allowed the pay scale relating to post of Development Officer Grade-I with effect from 01st April, 1994. The pay scale concerned relating to Development Officer Grade-I was given to the petitioner with effect from 01st April, 1994 on achieving prescribed target in two consecutive years. Such grant is in accordance with the administrative instructions prescribed by the Company by letter dated 16th October, 1991, reference of which is given in the document Annx.R/1.
In view of whatever stated above, I do not find claim made by the petitioner sustainable and therefore, the petition for writ is dismissed.
[GOVIND MATHUR],J.
mma
2 issues framed by the court
Whether an employee is entitled to the pay scale of Development Officer Grade-I from the date of confirmation or only upon achieving prescribed targets.
Whether the company's administrative instructions making pay scale promotion dependent on performance targets are valid under the General Assurance Scheme.
Ram Narain Dayama
New India Assurance Co. Ltd.
Govind Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
