SC clears legal hurdle for dual higher grade entitlement in govt pay scale

The Appellate Division of the Supreme Court has resolved a long-standing legal ambiguity concerning the entitlement of dual higher grades under the National Pay Scale 2015 for government and autonomous institution employees.

On Wednesday (30 April), a five-member SC bench led by Justice Md Ashfaqul Islam delivered the verdict, dismissing separate appeals and leave-to-appeal petitions filed by the state challenging a previous High Court ruling, according to court sources.

The HC had declared a specific paragraph (Para-Ga) of the 2016 clarification circular on the National Pay Scale as illegal.

Additional Attorney General Aneek R Haque appeared for the state during the hearing, while senior advocates Salahuddin Dolon and Ibrahim Khalil represented the writ petitioners.

Following the judgment, Advocate Ibrahim Khalil told the media that with Para-Ga of the clarification circular being declared illegal, the original Para-7 of the 2015 pay scale concerning entitlement to higher grades remains unchanged.

"This ruling effectively removes the legal barrier for approximately 15 lakh officers and employees who received either a time scale or a selection grade before 2015. Now officials who received a time scale or selection grade before 2015 are legally entitled to both higher grades," he added.

The controversy began when the government issued a clarification circular on 21 September 2016, interpreting that employees could not receive two higher grades if they already received both a time scale and a selection grade in the same post. 

Several government employees challenged the legality of this clarification through a writ petition.

The HC initially ruled in favour of the petitioners on 4 January 2017, declaring the circular illegal. The state subsequently appealed to the Appellate Division, which granted leave to appeal on 4 February 2020 and stayed the High Court's verdict.