Summary
Senior employees sought removal of a pay anomaly after juniors receiving ACP financial upgradation began drawing higher salaries. The Court distinguished their request for stepping up from a claim for ACP benefits themselves. Applying the quoted government instructions on stepping up pay associated with FR 22, it upheld the High Court’s direction to equalise the seniors’ pay from the dates they began drawing less than their juniors and dismissed the Union’s appeals.
Issues
- Whether employees already promoted could obtain stepping up to remove the pay anomaly caused by ACP upgradation granted to their juniors.
Provisions considered
- FR 22 and Government of India OM dated 4 February 1966, instruction (22), Fundamental Rules and Government of India instructionsThe quoted conditions governing removal of a senior-junior pay anomaly supported the stepping-up direction on these facts. (¶ 5-6)
Held
- The employees were seeking correction of a pay anomaly, rather than grant of ACP financial upgradation after having received promotion. The Union’s objection based on the purpose of ACP did not answer that distinct claim. (¶ 3-4)
- The government instructions quoted by the Court condition stepping up on the same cadre and identical posts and pay scales, with an anomaly directly resulting from the relevant pay-fixation rule. They exclude an independently higher junior’s pay arising from advance increments in the lower post. (¶ 5)
- On the facts presented, the juniors’ ACP upgradation created an anomaly warranting stepping up of the seniors’ pay. The High Court correctly directed parity from the dates the seniors began receiving lower pay than their juniors. (¶ 6)
Result
Union’s appeals dismissed; the High Court’s direction to step up the respondents’ pay from the relevant dates was upheld.