it2025_00519 — When a junior draws more pay than the senior, provisions of stepping up of pay will be applied and the pay of the senior shall be brought at par with that of the junior

When a junior draws more pay than the senior, provisions of stepping up of pay will be applied and the pay of the senior shall be brought at par with that of the junior — This chunk discusses a contention by the applicants that they are entitled to a higher grade pay due to an enhancement in Grade Pay from ₹ 4,200 to ₹ 4,600 with effect from 1-1-... — Facts: The Applicants initially joined as LDCs and were successively promoted to the post of Assistants. There is an element of Direct Recruitment to the post of Assistants. In fixation of pay of both Direct Recruit assistants and promotee assistants, there appeared some anomaly that the pay of promotee assistant happened to be less than that of direct Recruitee Assistants and thus litigation commenced with the filing of O.A. No. 3217 of 2014 in the Principal Bench, and the same was allowed. Writ Petition (C) No. 2634 of 2017 filed by the Respondents in that OA was dismissed and the same was challenged before the Apex Court and the Hon'ble Apex Court in Diary No. 23663 of 2017, had directed the Government to immediately look into the matter and issue appropriate Orders. Accordingly, the President was pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1-1-2006, as per Section-II of Part-A of the First Schedule of CCS (RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central Government employees who were appointed to such posts prior to 1-1-2006 has been revised under Rule 7 thereof as on 1-1-2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay with effect from 1-1-2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1-1-2006 and whose pay, as fixed under Rule 13 of CCS (RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1-1-2006. The said decision of the President of India has been circulated by Office Memorandum, dated the 28th September, 2018 of the Ministry of Finance, Department of Expenditure. As in the Recruitment Rules, 20% of Assistant posts can be filled up by direct recruitees and the Applicants were getting lesser pay in terms of OM, dated the 28th September, 2018, and the Applicants made representation to the authorities for correct fixation of Pay as per the said directions and the Office of the Deputy Director General (Engg.), All India Radio, Guwahati granted formal sanction from the Director General, All India Radio, New Delhi, which is still awaited. Hence these OAs have been filed. Respondents have filed their written statement wherein they have stated that there is no direct recruitment made during the relevant period by the North-Eastern Region of All India Radio, thus, no such employee was getting more than the Applicant as on 14-12-2011. It has been further submitted that the Applicants have earlier filed some OAs for their promotion to the post of Head Clerks etc., which are still pending. The Respondents, as per the OM, dated 13-11-2009 issued by the Ministry of Finance, Department of Expenditure, the Grade Pay of ₹ 4,200 in PB-2, in respect of the revised scale of ₹ 6,500 - 10,500 as on 1-1-2006 was enhanced to ₹ 4,600 with effect from the same date, however, the Applicants are not entitled to the said benefits of higher Grade Pay of ₹ 4,600 since the pre-revised pay scale of Assistant / Head Clerk as on 1-1-2006 was ₹ 5,000-150-8,000 (S-9) and not ₹ 6,500 - 10,500 (S-11) as mentioned above. Thus, it is only the Grade Pay which has been upgraded from ₹ 4,200 to ₹ 4,600 with effect from 1-1-2006 in respect of the concerned category of employees as per the aforesaid OM, dated 13-11-2009 and, as such, the contention of the Applicants in this regard claiming enhanced pay of ₹ 12,540 in PB-2 as on 14-12-2011 in place of ₹ 10,890 and ₹ 10,640, respectively, as granted vide the earlier orders, dated 26-12-2011 and 22-12-2011 (Annexure-R-4 and R-5, respectively) is not tenable in law and the same is therefore liable to be rejected. In this connection, the Deputy Director (Personnel), Prasar Bharati Secretariat, New Delhi had issued one OM, dated 13-11-2009 and Letter F. No. Misc. 1/330/2012-PPC, dated 18-6-2015.