it2025_00542 — Stepping up of pay to an employee on par with another junior employee in the same cadre who is drawing more pay than the senior, here in the cadre of Assistant Administrative Officer / Assistant Stores Officer in ISRO Satellite Centre at Bangalore, is to be given

Stepping up of pay to an employee on par with another junior employee in the same cadre who is drawing more pay than the senior, here in the cadre of Assistant Administrative Officer / Assistant Stores Officer in ISRO Satellite Centre at Bangalore, is to be given — This chunk discusses an Original Application (OA) No. 1 of 2008 filed by an employee who joined as Office Clerk 'A' in the Department of Space at Bangalore, regarding the stepping up of her pay to be... — Facts: The Applicant herein joined as Office Clerk 'A' with effect from 24-1-1977 in Department of Space at Bangalore. She, in due course, was given promotion to the pay scale of ₹ 1,400-40-1,600-50-2,300-60- 2,600 (IV Pay Commission) which was later revised to ₹ 1,640-2,900 with effect from 17-5-1995. She was promoted as Assistant Administrative Officer with effect from 7-11-1994 in the pay scale of ₹ 2,000-3,200 and her pay on promotion was fixed as ₹ 2,060. That pay scale of ₹ 2,000- 3,200 in Fourth Pay Commission was revised to 6,500-10,500 in Fifth Pay Commission with effect from 1-1-1996 and the Applicant's pay in that scale was fixed as ₹ 6,500 with effect from 1-1-1996. As her junior, Shri M.L. Vanniar was drawing more pay than her, her pay was stepped up and her date of increment was preponed from 1-1-1997 to 1-8-1996. Even after preponement, her pay was less than her junior, Smt. A.N. Parijatham who was appointed as OC 'A' much later than the Applicant. Hence the Applicant filed representation to authorities for stepping up of her pay on par with her junior Smt. Parijatham which was regretted by Order No. A. 12013/1/2007, dated 22-10-2007. Hence she filed this OA for stepping up her pay on par with Parijatham and consequential benefits. The main grounds on which the Applicant filed this OA is that, Assistant Administrative Officer / Administrative Purchase Officer are in the same seniority category and hence her request for upgrading her pay on par with her junior Parijatham who is an Assistant Administrative Purchase Officer is to be accepted. She further added that Smt. Parijatham drew her pay of ₹ 1,700 with effect from 21-2-1991 whereas she drew the pay of ₹ 1,700 with effect from 1-3-1989. O.M., dated 30-9-1987 indicates consideration of stepping up of pay vis-a-vis juniors in all grades, details instances where stepping up of pay with reference to the juniors is to be granted. Hence she prayed for the revised scale of pay of ₹ 1,640-2,900 in the grade of Purchase Assistant from the appropriate date with arrears or alternatively step up her pay on par with Smt. Parijatham. The Respondents agreed with her in the stepping up of her pay on par with Shri Vanniar by Order, dated 26-11-1999 in terms of Rule 8 of CCS (Revised Pay) Rules, 1977. As regards to her request for stepping up of her pay on par with Parijatham, it is said that if both are from the "same cadre", the question of stepping up of pay arises. Hence her comparison for stepping up of pay on par with Parijatham does not arise. Implementation of pay scale of ₹ 1,640-2,900 to the Applicant cannot be agreed to. Smt. Parijatham was promoted as Assistant Officer while she was in the pay scale of ₹ 1,640-3,200. Hence there is no commonality in fixation of pay of the Applicant and Parijatham. The Applicant further added that when her pay was stepped up on par with Vanniar, her pay cannot refused to be made equal to Parijatham. The Tribunal heard both sides. The first objection of Respondents to dismiss this OA due to delay was not agreed to as pay is a recurring one every month and reduction in pay occurs every month. The Respondents agreed to step up her pay who was working as Purchase Assistant on par with Vanniar who was Administrative Assistant. Hence comparing her pay with Parijatham who is a Stores Assistant is in order. The O.M., dated 30-9-1987 clearly states that posts of Assistant Officers and above in the different areas of Administration form a common cadre for all the ISRO / DOS Centres / Units. That OM also provides for comparison of seniority in the same cadre. Assistant Administrative Officers, Assistant Accounts Officers, Assistant Purchase Officer and Assistant Stores Officers belong to the same cadre. Instructions on the stepping up of pay is given as per Government of India Order, dated 4-2-1966. From that order, it is evident for stepping up of pay, both the officers should belong to the same cadre and the scale of pay of the lower and higher pays are identical. The anamoly should have arisen as a result of the application of FR 22-C. If junior is given advance increments, then provision in FR 22-C will not apply. Based on the above, it was held: