Service Law – Removal of anomaly – Stepping up of pay – Persons who were placed lower in the upgradation list than the respondents, on account of upgradation granted to them under the ACP Scheme, started drawing higher pay – Writ petitions filed by respondents praying for stepping up of pay and for removal of the anomaly and for fixation of their salaries at par with their juniors – High Court, on considering FR 22, which provides for stepping up of pay and removal of anomaly by stepping up of pay of a senior on promotion drawing lesser pay than his junior, allowed the writ petitions – On appeal, held: It was a case of removal of anomaly by stepping up of pay of seniors on promotion drawing less pay than their juniors – High Court therefore rightly relied and/or considered FR 22 and the order issued by the Government of India on removal of anomaly by stepping up of pay – High Court rightly directed the appellants to step up the pay of respondents in view of pay scale which has been granted to the juniors from the date they have started drawing lesser pay than their juniors.
Dismissing the appeals, the Court
HELD:1. Considering the facts and circumstances of the case, it cannot be said that the original writ petitionersrespondents were as such claiming the stepping up of the pay under the ACP Scheme. Their grievance was with respect to the anomaly in the pay scale and their grievance was that while granting upgradation under the ACP Scheme, their juniors were getting higher salaries than what they receive. Therefore, it was a case of removal of anomaly by stepping up of pay of seniors on promotion drawing a less pay than their juniors. The High Court has therefore rightly relied and/or considered FR 22 and the order issued by the Government of India on removal of anomaly by stepping up of pay. [Paras 4, 5][25-D-E]
2. It was a case where a junior was drawing more pay on account of upgradation under the ACP Scheme and there was an anomaly and therefore, the pay of senior was required to be stepped up. Hence, in the facts and circumstances of the case, the High Court has rightly directed the appellants to step up the pay of the original writ petitioners-respondents keeping in view of pay scale which has been granted to the juniors from the date they have started drawing lesser pay than their juniors. [Para 6][26-E-F]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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