Gujarat Civil Services (Pay) Rules, 2002 – Rule 21 – Stepping up of pay – Assistant Professors in Government Colleges in Gujarat – Applicability of:
Held: Rule of stepping up shall apply only if the anomaly is the direct result of the application of Rule 21 and only if the conditions specified therein are fulfilled – One of the condition stipulates that if even in the lower post, the junior Government employee draws a higher rate of pay than the senior, by way of fixation of the pay or by grant of advance increments, the same shall not be applicable to step up the pay of the senior Government employee – In the present case, the anomaly in pay is not a direct result of Rule 21 – Rather, the anomaly arose because of the fact that the Junior employees were granted the benefit of Senior Scale/Selection Grade Pay by taking into account the ad hoc services that they had rendered in the past – Hence, Rule 21 became inapplicable in the present case – Stepping up of pay in the present case would go against the principle of equity as the benefit cannot be given to those who were not even born in the cadre, for claiming benefits for the service that they have not actually rendered. [Paras 31, 32, 33]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Prastut Mahesh Dalvi, Hony. Associate Editor (Verified by: Shadan Farasat, Senior Advocate). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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