The Madras High Court has ruled that an employee cannot claim Special Grade benefits by postponing the assumption of a promotional post after receiving a promotion order.
A Division Bench comprising Justice N. Sathish Kumar and Justice M. Jothiraman dismissed an appeal filed by a former Agriculture Department employee who sought Special Grade benefits after completing 20 years of service.
The case involved M Balasubramanian, who was appointed as an agricultural officer and later granted Selection Grade benefits upon completing the prescribed years of service. Before he became eligible for the next career- progression benefit, namely the Special Grade, he was promoted to the post of Assistant Director on 17 December, 2012.
However, instead of immediately assuming the new role, the employee proceeded on medical leave and joined the promoted post only on 20 January, 2013. By that date, he had completed 20 years of service and argued that he had become eligible for the Special Grade in the agricultural officer post.
The employee challenged the pay fixation carried out by the accountant general, which did not grant him the Special Grade benefit. A Single Judge had earlier dismissed his plea, prompting him to file an appeal before the Division Bench.
The court observed that although the employee completed the required service period on 20 January, 2013, he had already been promoted more than a month earlier. The Bench noted that employees who receive promotions before completing the qualifying period for Special Grade benefits are generally not entitled to claim such benefits in their previous post.
The judges further held that the employee’s decision to assume charge of the promoted position only after completing the qualifying service period suggested an attempt to secure an additional financial advantage.
Finding no fault with the revised pay fixation or the earlier court order, the Division Bench upheld the decision of the Single Judge and dismissed the appeal in the case of M Balasubramanian v. The Director of Agriculture and Others.
