KARNATAKA POWER TRANSMISSION CORPORATION LIMITED & ORS. versus SRI. B. G. MANAMOHANA PRIYANKA & ORS.

Citation: [2023] 4 S.C.R. 564 · Decided: 28-04-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 4 S.C.R.
KARNATAKA POWER TRANSMISSION CORPORATION
LIMITED & ORS.
v.
SRI. B. G. MANAMOHANA PRIYANKA & ORS.
(Civil Appeal No. 2702 of 2023)
APRIL 28, 2023
[M. R. SHAH AND C. T. RAVIKUMAR, JJ.]
Service Law – Pay revision – Entitlement to – Held: On
conjoint reading of D.O./orders dated 27.09.2006 and 02.06.2008,
all those employees subject to fulfilment of the conditions mentioned
in D.O./order dated 02.06.2008 shall be entitled to the additional
2% in addition to the existing pay, irrespective of whether as on
01.04.2003 they were in service or not – Thus, the case on behalf
of the appellants that since the respondents-Assistant Executive
Engineers (Electrical) were not appointed as on 01.04.2003 and
they were appointed subsequently in the year 2007, therefore, not
entitled to the additional 2% has no substance – However, the Single
Judge and the Division Bench of the High Court erred in directing
to revise the pay scale of the respondents by adding 2% to the basic
pay automatically that too from the date of their appointment –
Respondents shall be entitled to the additional 2% in addition to
the existing pay to the post of Assistant Executive Engineer
(Electrical), however, subject to the conditions as mentioned in the
D.O./order dated 02.06.2008, i.e. subject to achieving the
performance targets by the concerned officers.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2702
of 2023.
From the Judgment and Order dated 15.02.2021 of the High Court
of Karnataka at Bengaluru in WA No.698 of 2020.
K. M. Nataraj, ASG, Raghavendra S. Srivatsa, Venkita
Subramoniam T. R., Likhi Chand Bonsle, Ms. Komal Mundhar, Advs.
for the Appellants.
P V Surendranath, Sr. Adv., Biju P Raman, Sawan Kumar Shukla,
Ms. Lekha Sudhakar, Advs. for the Respondents.
[2023] 4 S.C.R. 564
564
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The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the Division Bench of the High Court of Karnataka
at Bengaluru in Writ Appeal No. 698/2020, by which, the Division Bench
of the High Court has dismissed the said appeal preferred by the
appellant(s) herein and has affirmed the judgment and order passed by
the learned Single Judge in Writ Petition No. 4667/2015, by which the
learned Single Judge directed payment of revised pay scales to the original
writ petitioners at the rate of Rs. 9,745/- basic pay per month with effect
from the date they entered into service, the Karnataka Power
Transmission Corporation Limited (hereinafter referred to as the
corporation) & Ors. have preferred the present appeal.
2. That the original writ petitioners – respondents herein were
appointed as “Assistant Executive Engineer (Electrical)” in the appellant
– corporation on 06.10.2007. That their pay scale was Rs. 9,470 - 20,470/
- per month. That the appellant – corporation issued a D.O./order dated
27.09.2006 revising the pay scales with effect from 01.04.2003.
2.1 That thereafter, a further D.O./order was issued which
provided that with effect from 01.04.2003 by considering the hard work
of the employees to consider pay hike by 2%. It further provided that
while sanctioning 2% hike in pay appropriate target may be fixed and
sanction may be obtained from the management. D.O./order dated
02.06.2008 was issued granting the approval for revision of pay scales
by 12% (10+2%) effecting from 01.04.2003. It further provided that
from 01.04.2009, the differential amount towards 2% pay revision may
be released after achieving the performance targets by the concerned
officers. As the original writ petitioners were appointed in the year 2007,
they were not granted the benefit of additional 2% pay revision and
therefore, they filed the writ petition before the learned Single Judge.
Learned Single Judge allowed the writ petition and directed to re-fix
their pay while extending revision of pay i.e., 10+2% = 12% which will
be Rs. 9,745/- basic to the post of Assistant Executive Engineer
(Electrical). The benefit has been granted from the date of their
appointment. The learned Single Judge also awarded the interest @ 8%
on the arrears. The order passed by the learned Single Judge was the
subject matter of appeal before the Division Bench of the High Court.
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED v.
SRI. B. G. MANAMOHANA PRIYANKA
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SUPREME COURT REPORTS
[2023] 4 S.C.R.
By the impugned judgment and order, the Division
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