KUNNASHADA MUTHUKOYA versus ADMINISTRATOR U.T. OF LAKSHADWEEP AND ANR.

KUNNASHADA MUTHUKOYA versus ADMINISTRATOR U.T. OF LAKSHADWEEP AND ANR.

The Supreme Court held that under the Central Civil Services (Revised Pay) Rules, 1986, the entitlement to a revised pay scale is determined with reference to the pre-revised scale applicable to the employee as of 1.1.1986, not the group classification of the post. Rule 5 does not support granting the revised Group 'C' pay scale to employees whose existing scale corresponds to a lower grade. The decision in Hariharan was correctly decided and is binding.

Parties
Appellant: Kunnashada Muthukoya; Respondents: Administrator, U.T. of Lakshadweep & Anr.
Jurisdiction
India
Judgment Date
29 August 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Pay Revision, Government Servant, Central Civil Services (revised Pay) Rules, 1986
Service Law Pay Revision Government Servant Central Civil Services (revised Pay) Rules, 1986

Case Brief

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Parties

Kunnashada Muthukoya

Appellant

Administrator, U.T. of Lakshadweep & Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant, a lineman in the Electricity Department classified as Group 'C', is entitled to the higher revised pay scale applicable to Group 'C' posts under the Central Civil Services (Revised Pay) Rules, 1986, or only to the revised scale corresponding to his pre-revised pay scale.

Ratio Decidendi

The Supreme Court held that under the Central Civil Services (Revised Pay) Rules, 1986, the entitlement to a revised pay scale is determined with reference to the pre-revised scale applicable to the employee as of 1.1.1986, not the group classification of the post. Rule 5 does not support granting the revised Group 'C' pay scale to employees whose existing scale corresponds to a lower grade. The decision in Hariharan was correctly decided and is binding.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed as having no merit.