Refusal of promotion by an employee does not deprive him of the benefit of pay upgradation

Madhya Pradesh High Court: A Single Judge Bench comprising of Sanjay Dwivedi, J., allowed a petition filed by an employee against the decision of the employer whereby the order of his pay upgradation was withdrawn.

The petitioner was aggrieved by the decision of his employer to withdraw the benefits of pay upgradation. The decision was taken by the employer under Clause 13 of the concerned circular, whereby if an employee refuses to accept the promotion along with pay upgradation, then in such a case, the benefits of his pay upgradation are also to be withdrawn. The petitioner challenged the said decision wherein his pay scale was revised, reduced and refixed at a lower grade.

The High Court considered the submissions made on behalf of the parties, and referring to earlier decisions of division bench on the same issue, held that such decision was unsustainable. It was observed, merely because an employee has refused to accept the promotion, that does not deprive him to enjoy the benefit of upgradation of pay granted to him for completing certain period in service. The analogy as contained in Clause 13, mentioned above, was disapproved of by the Court. Thus, holding the decision to be unsustainable, it was set aside. The Court ordered to quash any recovery, if made, from the employee in furtherance of the said decision. The petition was accordingly disposed of. [Raspal Singh Dangi v. State of M.P.,2018 SCC OnLine MP 401, dated 25-06-2018]

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