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Supreme Court of India 2021-11-23 allowed

Bench: 2 — Uday Umesh Lalit, Bela M. Trivedi

In Brief

The Punjab State Electricity Board issued office orders in 1989–1990 to address stagnation among Junior Engineers (Civil). The respondent employees sought the pay scales of higher promotional posts (Assistant Engineer and Executive Engineer) on completing 9 and 16 years of service respectively, without taking up those posts. The High Court found the 1990 order upgrading posts was invalid for non-publication under the Electricity Act. The Supreme Court reversed this, holding that upgradation—which merely raises pay scales without promotion to a higher position—was permissible under existing regulations and did not require gazette publication. The Court confirmed that stagnation relief requires both requisite qualifications and unavailability of the higher post; employees cannot draw promotional pay without assuming corresponding responsibilities.

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Administrative Law Service Law Employee Benefits Public Employment Regulation Stagnation Relief

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