The Patna High Court recently set aside a government order denying promoted teachers the option to choose their pay fixation date under the 7th Pay Commission. This decision affects many government school teachers who were promoted after 1st January 2016 but before the financial implementation of the revised pay structure.
Simplified Explanation of the Judgment
This case involved a group of government school teachers who had been promoted on 21st February 2017. These teachers approached the High Court seeking relief because their salaries under the 7th Pay Commission were not fixed from the date of their promotion, as they had requested. Instead, the government insisted that their pay must be fixed notionally from 1st January 2016, without accounting for their subsequent promotion.
The main issue revolved around the interpretation of Clause-5 of the Bihar Government’s Extraordinary Gazette Notification dated 24th May 2017. This clause allowed employees to choose the date of implementation of the 7th Pay Commission benefits, especially in cases where the employee had been promoted between 1st January 2016 and the date of the Notification.
The petitioners argued that they never opted for the revised pay scale to be applied from 1st January 2016. They were promoted on 21st February 2017, and wanted their pay to be revised in the higher grade from July 2017—after the date of their promotion, in accordance with the gazette rules.
However, the District Education Officer, Gaya, through an order issued on 25th November 2020, denied their claim. The order cited internal finance department rules and stated that revision must be based on the pay scale as of 1st January 2016, regardless of subsequent promotions.
The Court rejected this view. It held that the Gazette Notification had the status of delegated legislation and carried the force of law. The Gazette clearly allowed government employees promoted between 1st January 2016 and the notification date to opt for revised pay from their promotion date. Since the petitioners fell in that category, their pay must be fixed accordingly.
Significance or Implication of the Judgment
This judgment is highly significant for thousands of government employees in Bihar who were promoted after 1st January 2016 but before the revised pay implementation on 1st April 2017. It affirms their right to choose the most beneficial pay fixation date.
It also clarifies that Gazette Notifications, which are statutory in nature, override contrary administrative or departmental interpretations unless superseded by legislation. This strengthens the legal standing of government employees seeking correct pay fixation as per rules.
Furthermore, it signals to government departments that financial entitlements must be determined according to law and not merely internal guidelines, especially when those contradict statutory notifications.
Legal Issue(s) Decided and the Court’s Decision
- Whether promoted government employees can opt for 7th Pay Commission benefits from the date of their promotion?
- Yes. The Court held that Clause-5 of the Gazette Notification allows such an option.
- Whether internal Finance Department letters can override Gazette Notifications?
- No. The Court clarified that Gazette Notifications carry statutory force and cannot be overridden by internal administrative instructions.
- Was the impugned order dated 25.11.2020 lawful?
- No. The order was set aside for being contrary to statutory rules.
Case Title
Pankaj Kumar & Others v. State of Bihar & Others
Case Number
Civil Writ Jurisdiction Case No. 3520 of 2021
Citation(s)- 2025 (1) PLJR 20
Coram and Names of Judges
Hon’ble Mr. Justice Bibek Chaudhuri
Names of Advocates and Who They Appeared For
- For the Petitioners: Mr. Priya Ranjan, Advocate
- For the Respondents: Mr. Lalit Kishore, Advocate General
Link to Judgment-
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