Employee Can't Claim Special Grade Benefits By Deliberately Delaying Joining Of Promotional Post : Madras High Court

A Division Bench of the Madras High Court comprising Justice N. Sathish Kumar and Justice M. Jothiraman held that employee who had been promoted before completing the qualifying period for grant of Special Grade could not claim such benefits by delaying the assumption of charge of the promotional post. Background Facts The employee (appellant) was initially appointed as an Agricultural Officer. He was granted Selection Grade with effect from the date when he completed 20 years of service. Subsequently, he was promoted to the post of Assistant Director on 17.12.2012. However, he did not join the promoted post immediately. He went on medical leave and assumed charge of the promotional post only on 20.01.2013. Therefore, the Accountant General fixed the pay drawn of the petitioner as Rs.1,01,000/-. Aggrieved by this order, the employee filed a writ petition before the High Court. A Single Judge taking note of the entire facts and circumstances of the case dismissed the writ petition holding that the employee was not entitled to a Special Grade in the post of Agricultural Officer as he had already been promoted on 17.12.2012. Aggrieved by the Single Judge's order, the employee filed the writ appeal before the Division Bench of the Madras High Court. It was argued by the employee that he was entitled to a Special Grade as he had completed 20 years of service as on 20.01.2013. It was further submitted that the order of promotion was communicated to him while he was on medical leave, though he was given promotion on 17.12.2012. It was argued that on the date of rejoining duty, he had already completed 20 years of service, therefore he was entitled to the Special Grade. The employee contended that it was not fair on the part of the respondents to reduce the special grade increments. On the other hand, it was argued by the respondents that once an employee has been promoted prior to the completion of the qualifying period, he would not be entitled to the benefits of Special Grade. Findings and Observations of the Court It was noted by the Division Bench that it is true that the appellant completed 20 years of service as an Agricultural Officer as on 20.01.2013 and was entitled to a Special Grade. However, it was also observed that the employee had been given promotion to the post of Assistant Director on 17.12.2012. It was further observed that once an employee is promoted prior to the completion of the qualifying period, he would not ordinarily be entitled to the benefits of Special Grade. It was held by the Division Bench that although the employee was promoted on 17.12.2012, he went on medical leave and assumed charge of the promotional post only on 20.01.2013, after completing 20 years of service. Therefore, the conduct of the employee clearly indicated that he delayed joining the promotional post only to gain the benefits of Special Grade, which he was not entitled to. Hence, no infirmity was found in the action of the Accountant General in revising the pay fixation. It was held by the Division Bench that the Single Judge had rightly rejected the challenge made by the employee. With the aforesaid observations, the decision of the Single Judge was upheld by the Division Bench. Consequently, the writ appeal filed by the employee was dismissed by the Division Bench. Case Name : M. Balasubramanian v. The Director of Agriculture and OthersCitation: 2026 LiveLaw (Mad) 259 Case No. : W.A.(MD)No.766 of 2026 Counsel for the Appellant : T. Pradeep Counsel for the Respondents : M. Mohaboob Athiff Counsel for State; P. Gunasekaran, Standing CounselClick Here To Read/Download Order

Employee Can't Claim Special Grade Benefits By Deliberately Delaying Joining Of Promotional Post : Madras High Court

Namdev Singh

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Namdev Singh

Employee Can't Claim Special Grade Benefits By Deliberately Delaying Joining Of Promotional Post : Madras High Court

Namdev Singh

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Namdev Singh

This is a premium content
Available exclusively to
Our subscribers