Summary
The Supreme Court upheld pay fixation under Rule 11 of the 2008 Revised Pay Rules where the employee received ACP upgradation during the specified transition period and opted to switch to revised pay from that date. This differed from a post upgraded by Sixth Pay Commission recommendations, to which Rule 7 Note 2A applied. The Government’s appeals failed, and revision with any resulting arrears was directed within three months.
Issues
- Whether ACP-linked election of a later revision date attracted Rule 11 or Rule 7 Note 2A.
Provisions considered
- Rule 5, second proviso; Rule 7, Note 2A, Central Civil Services (Revised Pay) Rules, 2008The second proviso permitted election from the intervening ACP-upgradation date. Note 2A concerned a different category: post upgradation resulting from the Pay Commission recommendations. (¶¶ 9, 11–14)
- Rule 11, Central Civil Services (Revised Pay) Rules, 2008Pay was to be fixed under the later-date revision rule because the employee opted to switch from the effective date of independent ACP upgradation, rather than a Pay Commission post upgradation. (¶¶ 9, 13, 14, 16)
Held
- ACP was granted effective 10 August 2006, within the period between 1 January 2006 and notification of the 2008 Rules. The employee elected revision from that upgradation date, attracting Rule 11 rather than initial fixation under Rule 7. (¶ 11–14)
- The upgradation arose independently under ACP, not through the Pay Commission schedule. K.V. Rama Raju did not decide this particular election and independent-upgradation issue and was distinguishable. (¶ 14–15)
- Pay revision was to be worked out with resulting arrears, if any, paid within three months. (¶ 16–18)
Result
Government appeals dismissed; Rule 11 fixation upheld. Revision and any arrears to be completed within three months. Parties to bear own costs.