it2025_00529 — As per FR 22 (I) (a) (1), stepping-up of pay on par with juniors should be done to senior officials if both are in the same cadre working in the same pay scale

As per FR 22 (I)

(a) (1), stepping-up of pay on par with juniors should be done to senior officials if both are in the same cadre working in the same pay scale — This chunk is a part of a labor dispute case where an employee named Shri P.A. Mathew is challenging the refusal of BSNL to step up his pay to match that of his junior, Mr. K.I. Francis, in accordanc... — Facts : Applicant joined service as a Regular Mazdoor in the pay scale of ₹ 750-940 on 6-10-1993. Subsequently he worked as Line Man with effect from 23-1-1999 with basic pay of ₹ 2,890 which was further raised to ₹ 3,050-4,590 with effect from 23-1-1999 with revised basic pay of ₹ 3,050 with DNI on 1-1-2000. On formation of BSNL, Applicant's pay was fixed corresponding to pay scale of ₹ 4,720-6,970 and pay fixed at ₹ 4,720 on point-to-point fixation basis as per order of DNI on 1-9-2001. Junior to the Applicant, Mr. K.I. Francis also joined service as Mazdoor in the pay scale of ₹ 750-940 on 1-4-1995 which pay scale was modified / upgraded to ₹ 2,550-3,200 with effect from 1-1-1996. Consequent to formation of BSNL, Industrial Dearness Allowance pay (ID) scale was introduced with effect 1-10-2000. Accordingly, Mr. K.I. Francis was in the pay scale of ₹ 4,000-5,800 and had earned increments in CDA (Central Dearness Allowance) scale as on 1-10-2000. Sri Francis was fixed in IDA pay scale at ₹ 4,840 on point-topoint fixation basis as per orders with DNI on 1-10-2000. The Respondents contend that OA is debarred as the Applicant did not take any action to resolve the case departmentally. This OA is filed aggrieved by the refusal of the Respondents to step up his pay to that of his junior who started drawing higher pay due to an anomalous point-to-point fixation done on conversion from CDA pay scale to IDA pay with effect from 1-10-2000. Applicant submits that he is senior to one Mr. K.I. Francis who joined as Regular Mazdoor in the year 1992 and Francis's pay was fixed at ₹ 4,840 whereas Applicant's pay was fixed at ₹ 4,720 on point-to-point fixation as per orders with DNI on 1-9-2001. This anomaly is continuing. Applicant relies on the judgment, dated 10-11-2016 in O.A. No. 180/00019 of 2015 of the Tribunal which was allowed by steppingup of pay equivalent to his junior Mr. K.I. Francis with effect from 1-11-2003. Paras. 16 to 20 of the O.A. No. 180/00019 of 2015 of the Tribunal is reproduced for clarity. Tribunal categorically stated that the anomaly in pay scale has its root in the corporatization of the Department of Telecom into BSNL and introduction of IDA pay scale subsequently. The point for consideration is, whether a senior is subjected to perpetual loss on account of adoption of certain methodology in pay fixation even if agreed by staff union. Respondents cannot go beyond the recommendation made by the Committee based on which A-8 orders therein were issued. Consequently Tribunal directed to step-up the pay of the Applicant therein which was implemented. Ultimately Tribunal directed to step-up pay of the Applicant therein at par with his junior Mr. K.I. Francis with effect from 1-11-2003 with consequential benefits and arrears confined to a period of 3 years prior to the date of filing this OA. Respondents 2-4, has cited FR 22 (I)

(a) (1) and submitted that as per CCS (RP) Rules under FR 22, GIO (23), the condition prescribed for stepping-up of pay of a senior to that of junior is to be followed. There are 'a', 'b' and 'c' conditions. Condition

(b) which is relevant to the present case states that "the scales of pay of the lower and higher posts in which they are entitled to draw pay should be identical". Based on the Condition

(b) of the rule, the stepping-up pay in the present case is not permissible as the Applicant hails from the post of Telecom Mechanic whereas Mr. K.I. Francis hails from the post of Regular Mazdoor. He relied on the judgment of the Tribunal, dated 16-8-2018 in O.A. No. 180/498 of 2015 wherein the Tribunal has taken similar view. Respondents relies on the judgment of High Court of Kerala in the case of Union of India and others v. M.S. Gopalakrishnan and others in the reported case in 2015 KHC 825. Paras. 17 and 18 of that case is reproduced. In that judgment, High Court has observed that "if somebody has been granted stepping-up of pay by mistake, that should not be perpetuated by issuing directions to other official on same grounds". In the O.A. No. 180/19 of 2015, the Tribunal already observed that the senior should not be allowed to get lesser pay only because of the change of the formation of any department and allowed the Application of Mr. Jojo Joseph.