Central Administrative Tribunal - Ernakulam
Mohanan Pillai.N.G vs The Director on 13 February, 2017
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.817/2013
Monday, this the 13th day of February, 2017
CORAM:
Hon'ble Mr. Justice N.K.Balakrishnan, Judicial Member
Hon'ble Mrs.P.Gopinath , Administrative Member
1. Mohanan Pillai.N.G
Technical Officer 'C',
SC No.23772, RPFF/IFF, MME
VSSC, ISRO P.O, Thiruvananthapuram-695 022
Residing at Karthika, T.C 01/730(4)
Shanthi Nagar, Kazhakoottam P.O
Thiruvananthapuram - 695 582
2. Priyan S.A
Scientist/Engineer - SC
SC No.LV 63029, ESTD/MDAG/LPSC, ISRO
Valiamala P.O, Thiruvananthapuram-695 547
Residing at Abhinandanam, SPRA 212 A
Sreeram Nagar, Nettayam P.O
Thiruvananthapuram - 695 013
3. Baburaj P.P
Scientist/Engineer - SC
SC No.20812, CMD-EAC/AC/CMG/VRC
VSSC, ISRO P.O, Thiruvananthapuram- 695 022
Residing at Krishamurali
T.C. 3/1015(4), Arasummoodu
Kulathoor P.O, Thiruvananthapuram-695 583
4. Sunilkumar.S
Scientist/Engineer - SC
SC No.27225, RPFF/IFF/MME
VSSC, ISRO P.O, Thiruvananthapuram- 695 022
Residing at Sivapanchami
Kairali Nagar, Kazhakuttom
Thiruvananthapuram - 695 582
5. Rajagopalan.K
Scientist/Engineer - SC
SC No.25678, CMD-EAC/AC/CMG/VRC
VSSC, ISRO P.O, Thiruvananthapuram-695 022
Residing at Devanandanam
T.C 02/653(1), Attinkuzhi
Kazhakuttom P.O, Thiruvananthapuram- 695 582
6. Varghese E.M
Scientist/Engineer - SC
SC No.37831, INSTEF/SDEG/STR/VSSC
VSSC, ISRO P.O, Thiruvananthapuram-695 022
Residing at Flat No.235, Block No.9
Tilaknagar, Nalanchira P.O
Thiruvananthapuram - 695 515
7. Mohanakumaran Nair.P
Scientist / Engineer - SC
SC No.23777, SISD/RQAG/IISU, VSSC
Vattiyoorkavu, Thiruvananthapuram -695 013
Residing at 'Gowreesam', MMRA 61(1)
T.C 10/1293 (1), Khadi Board Lane
Melathumele, Vattiyoorkavu P.O
Thiruvananthapuram - 695 013
8. Babu M.K
Scientist/Engineer - SC
SC No.20817, QDEF/QRMG/SR, VSSC
ISRO P.O, Thiruvananthapuram - 695 022
Residing at Kausthubham, Santhi Nagar
Stationkadavu, Kazhakuttom P.O
Thiruvananthapuram - 695 582
9. Muraleedharan K
Scientist/Engineer - SC
SC No.23794, IID/SOG, VSSC
ISRO P.O, Thiruvananthapuram- 695 022
Residing at Devaragam, Durga Lane
Sreekaryam P.O, Kariyam, Thiruvananthapuram-695 017
10. Varghese M.C
Scientist/Engineer - SC
SC No.17988, CPS/IFF/MME, VSSC
ISRO P.O, Thiruvananthapuram - 695 022
Residing at Joy Cottage, Vadiyilthopu
Menamkulam, Kazhakoottam P.O,
Thiruvananthapuram - 695 582
11. Muraleedharan A.P
Scientist/Engineer - SC
SC No.23816, CMD-EAC/AC/CMG/VRC
VSSC, ISRO P.O, Thiruvananthapuram-695 022
Residing at Nandhanam, T.C.06/429(4)
Lake View Lane, Arappura Road
Vattihoorkavu P.O, Thiruvananthapuram- 695 013
12. Surendran Achary.N
Scientist/Engineer - SD
SC No.LV 63675, QAEI/SRQA. LPSC/ISRO
Valiamala P.O, Thiruvananthapuram - 695 547
Residing at Anizham, SPRA - 219
Sreeram Nagar, Nettayam P.O
Thiruvananthapuram - 695 013 . ... Applicants
(By Advocate -Mr.Vishnu S Chempazhanthiyil)
Versus
1. The Director
Vikram Sarabhai Space Centre
Thumba, ISRO P.O
Thiruvananthapuram - 695 022
2. The Director
LPSC, Valiamala, Thiruvananthapuram-695 547
3. The Secretary & Chairman
Department of Space
Antariksh Bhavan
New BEL Road
Bangalore - 560 094 ... Respondents
(By Advocate - Mr.N.Anilkumar,Sr.PCGC(R))
This Original Application having been heard on 13.1.2017 , the Tribunal on
13.2.2017, delivered the following:
ORDER
By Hon'ble Mrs.P.Gopinath, Administrative Member The applicants are aggrieved by inaction on the part of the respondents for stepping up of their pay on par with their juniors as on 1.4.2006. The applicants are presently working as Technical Officer C/Engineer SC in VSSC Thumba/LPSC Valiamala. They have raised the issue of anomaly with regard to juniors getting higher pay while fixing their pay as on 1.4.2006. Though representations were submitted on 6.8.2012 and 8.4.2013, no action is forthcoming, compelling them to file this Original Application. 2 The grievance of the applicants arise on account of fixation of pay made effective from 1.4.2006 in the category of Senior Technical Assistant A as compared to the junior Senior Technical Assistant A. As the applicants had their basic pay fixed at Rs.16,140/- to Rs.16,960/- in PB-II and Grade Pay of Rs.4800/- was granted. Whereas in the case of juniors basic pay was fixed higher at Rs.20,090/- as basic pay in PB-II and same Grade Pay of Rs.4800/- was granted to them.
3 All the applicants are presently working as Technical Officer C/Scientist/Engineer SC in VSSC Thumba/LPSC Valiamala under the Department of Space. All the applicants were initially appointed to various posts and by Special Review Scheme of the ISRO, appointed as Technical Assistants B prior to 1.1.2006. By virtue of acquisition of additional qualifications, the applicants became entitled for Special Review, as per O.M dated 6.1.1981, which provided that all scientific/technical employees who acquire additional qualifications while in service in ISRO may be considered for a post for which they are eligible as per the norms by virtue of the additional qualification. It was also made clear in the above O.M that the Special Review based on additional qualification acquired for appropriate post will be equivalent to direct recruitment to the post subject to satisfying the qualification as stipulated for direct recruitment. 4 Vide Annexure A-2 the Technical Assistants B in the grade of Rs.5000-150-8000 was upgraded to Rs.5500-175-9000 effective from 1.4.2006 and re-designated as Technical Assistant. The Technical Assistants C in the scale of Rs.5500-175-9000 were redesignated as Senior Technical Assistant A as on 1.4.2006 in the grade of Rs.6500-200-10500. 5 Department of Space implemented the Government of India's orders for VI CPC revision of pay scales. On implementation of Annexure A-2, the applicants were placed in PB-2 of Rs.9300-34800 with grade pay of Rs.4800/-. Basic pay was fixed at Rs.16340/- (for the 1 st applicant) and Rs.16140/- to Rs.16960/- for other applicants as on 1.4.2006. Applicants contend that the Technical Assistants, who joined before and after 1.4.2006 and the Technical Assistants promoted from Technician category who joined before 1.1.2006 after acquiring diploma, with grade pay of Rs.4600/- in PB-2 have got a basic salary of Rs.17140/-. These Technical Assistants were then promoted to Senior Technical Assistant A in PB-2 with grade pay of Rs.4800/- with basic pay as Rs.20090/- as per new fixation given to them. The applicants were Senior Technical Assistants A on 1.4.2006 in PB-2 with grade pay Rs.4800/- and argue that the 1 st applicant got only Rs.16340/- and other applicants got different basic pays from Rs.16,140/- to Rs.16,960/- as basic pay which is lower than that of the Technical Assistants. 6 Applicants argue that Technical Assistants B were in the grade of Rs.5000-8000 and Technical Assistant C were in the grade of Rs.5500-9000. Their further placement was as Technical Assistant in scale Rs.5500-175- 9000. These posts were later redesignated as Technical Assistant and Senior Technical Assistant A respectively. While Technical Assistant was in the scale of Rs.5500-9000, the Senior Technical Assistant A was placed in Rs.6500-10500. Here it is pointed out that the respondents had conducted a new recruitment as well as special review in the category of Technical Assistant Rs.5500-9000 and such persons were given fixation at Rs.17140/- as their basic pay with the grade pay of Rs.4600/-, i.e, more than what the applicants were given as on 1.4.2006, when the applicants were granted Grade Pay of Rs.4800/-. Applicants argue that this is clearly an anomaly, as directly recruited Technical Assistants got higher pay at Rs.17,140/- with Grade Pay of Rs.4600/- whereas seniors like the applicants got less pay at Rs.16,140/- to Rs.16,960/- as on 1.4.2006 with Grade Pay of Rs.4800/-. The above anomaly warrants rectification. Applicants argue that such directly recruited and special review Technical Assistants, who were promoted as Senior Technical Assistant A after 4 years were given grade payof Rs.4800/- and their pay was fixed as Rs.20,090/-. The applicants are also eligible and entitled to get such fixation at par with their juniors.
7 The respondents have issued O.M No.A 12013/2/2011 dated 12.7.2011 providing instruction for stepping up of pay of Senior Direct Recruit with junior direct recruit appointed on or after 1.1.1006. Thus, the respondents have taken action to rectify anomaly, whenever situations arose, wherein seniors drew lesser pay as compared to juniors. In the instant case, while juniors were granted fixation at Rs.20,090/-, with Grade Pay of Rs.4800/-, the applicants are obviously denied such fixation at Rs.20,090/-, though they were granted same Grade Pay of Rs.4800/- in PB-II with same Designation.
8 The applicants argue that they are entitled to have their pay fixed at Rs.20090/- as basic pay as on 1.4.2006, as their juniors are admittedly drawing Rs.20,090/- i.e, higher pay than the applicants when they were getting the same Grade Pay in PB-II.
9 Relief sought by applicants is to direct the respondents to consider granting appropriate fixation as granted to their juniors, on being sanctioned the Grade Payof Rs.4800/- effective from 1.4.2006.
10 Respondents argue that the applicants in the O.A were initially appointed to the post of Tradesman-A in respective Centres. The applicants acquired diploma in Engineering while in service, and therefore, they were considered for Special Review and selected to the post of Technical Assistant-B prior to 01.01.2006. On completion of four years residency period, the applicants were considered for promotion to the next higher grade of Senior Technical Assistant-A and promoted . On promotion, their pay was fixed in line with the pay structure applicable on the respective date of their promotion. The respondent upgraded inter alia the grade pays in respect of the above categories of employees vide Annexure A-2 O.M dated 12.11.2010 as below:-
(a) The lower post of Technical Assistants who were on the rolls as on 31.12.2005 placed in the revised pay band of Rs.9300-34800 with grade pay of Rs.4200/- were upgraded to grade pay of Rs.4600/- in the same Pay Band with effect from 1.4.2006, keeping the pay in the Pay Band unaltered.
(b) The Sr.Technical Assistants-A (previously designated as Technical Assistant-C) who were on the rolls as on 31.3.2006 and placed in the same revised pay band of Rs.9300-
34800 with grade pay of Rs.4600/- were upgraded to Grade Pay of Rs.4800/- in the same pay band with effect from 1.4.2006, keeping the pay in the pay band unaltered.
(c) The Technical Assistants who were inducted in DOS/ISRO between 01.01.2006 and 31.3.2006 were assigned with grade pay of Rs.4200/- in the Pay Band of Rs.9300-34800 from their date of induction and their initial pay was fixed as provided in Section II of Part A of the First Schedule on the CCS(RP) Rules, 2008. The grade pay of such Technical Assistants was upgraded to Rs.4600/- with effect from 01.04.2006, keeping the pay in the Pay Band unaltered.
(d) The Technical Assistants who were inducted in DOS/ISRO on or after 01.04.2006 were assigned grade pay of Rs.4600/- in the pay band of Rs.9300-34800 from their date of induction and their initial pay were fixed as provided in Section II of Part A of the First Schedule on the CCS(RP) Rules, 2008. 11 Section II of Part A of the first schedule on the CCS (RP) Rules, 2008 consciously after deliberation of VI CPC provides for higher induction pay to the direct recruitees who join the service on or after 01.01.2006. As such, the direct recruit Technical Assistants with prescribed educational qualifications, who joined the service on or after 1.1.2006 are placed in higher induction pay compared to their seniors, who joined service prior to 01.01.2006, which resulted in the anomaly of juniors promoted to the scale drawing more pay than that of the seniors.
12. It has been clarified by the respondent vide O.M dated 16.3.2012 that the Special Review of Scientific/Technical staff based on additional qualification is to be treated as equivalent to direct recruitment and pay fixation of Scientific/Technical personnel selected under special review on or after 01.01.2006 is to be regulated accordingly. On implementation of 6 th Central Pay Commission recommendations with effect from 01.01.2006, the grade pay of Technical Assistants, who joined prior to 01.01.2006 on special review were revised to Rs.4200/- in PB-2 and thereafter got upgraded to Rs.4600/- in the same Pay Band with effect from 1.4.2006. Due to the above reason, they cannot claim the stepping up of pay based on the higher induction pay given to the direct recruitees who joined the service on or after 01.04.2006 in the higher grade than their seniors. Therefore, respondents contend that the department is not in a position to consider the representations submitted by the applicants in the O.A in their favour. 13 The applicants and their juniors have not joined in the identical grade. The applicants joined in the lower grade whereas the juniors joined in the higher grade on appointment. As the applicants are not meeting the basic requirements for consideration for grant of stepping up of pay, the present case does not come under the ambit of the stepping up of pay.
14. Applicant brings to notice that the High Court of Kerala decisions reported in 1990(2) KLT 871 and 2002(1) KLT 157 which laid down the law that if a senior who is promoted earlier is getting a lesser pay than the junior promoted later, then the same would be violative of Article 14 of the Constitution of India. However, the applicants are ignoring the fact that the juniors are not promoted to the post but appointed as a direct recruit. The applicants argue that the respondens had conducted a new recruitment as well as special review in the category of Technical Assistant (Rs.5500-9000) and such persons were given fixation at Rs.17,140/- as their basic pay with the Grade Pay of Rs.4600/-, i.e, more than what the applicants were given as on 1.4.2006, when the applicants were granted Grade Pay of Rs.4800/-. Thus applicants admit that they were given more grade pay i.e, 4800/- as compared to Direct Recruit Technical Assistants who were given Rs.4600/- as grade pay. Fixation of pay in the Pay Band was based on an equivalency table, which the applicants are proposing in the O.A to bypass, whereas the equivalency table is uniformly applicable to all Central Government employees drawing pay in the Pay Band throughout the country. Applicants are praying for ignoring the pay drawn in V CPC scale while equating it to VI CPC pay band. Applicants have already drawn the benefit of higher grade pay in comparison to direct recruit Technical Assistants. This cannot be addressed as an anomaly as the two distinct groups i.e, the promoted Technical Assistants and direct recruit Technical Assistants are two distinctly and differently recruited groups to the same cadre and cannot claim parity as recruitment rules provide two different modes of recruitment. The higher or lower pay in the pay band is on account of equivalence in VI CPC Pay Band with reference to pay drawn as on 31.12.2005 in the V CPC scale. Applicants cannot ask for a quantum jump in VI CPC pay band when they were not drawing its equivalent in V CPC as on 31.12.2005.
15 A per extant orders, in the case of direct recruits, stepping up of pay is applicable only if a junior direct recruit is drawing more pay than the senior direct recruit, with reference to the date of joining of junior direct recruit, in the same designation/grade, for which the respondent has already issued Annexure A-6 O.M dated 12.07.2011, for stepping up of pay of senior direct recruitee who joined DOS/ISRO prior to 01.01.2006 on par with the pay of junior direct recruit joined on or after 01.01.2006.
16 The applicants were appointed in VSSC/LPSC as Tradesman/Draughtsman, subsequently appointed as Technical Assistant-B prior to 01.01.2006, in the pre-revised scale of pay of Rs.5000-8000/- through Special Review on acquiring higher qualification of diploma in Engineering, while in service. Hence the line of recruitment is distinct and separate from direct recruits All the applicants except applicant no.11 were subsequently promoted to the next higher grade of Technical Assistant-C (now Sr.Technical Assistant-A in the Grade Pay of Rs.4800/-) in the pre- revised scale of pay of Rs.5500-9000/- prior to 01.01.2006. 17 Section II of part A of the First Schedule of the CCS (RP) Rules, 2008 provides for higher induction pay to the direct recruitees who joined the service on or after 1.1.2006. As such, the Technical Assistants who joined the service on or after 1.4.2006 are required to be placed in higher induction pay than those who joined in service prior to 31.3.2006. This was applicable to all direct recruits in all services across the country and no discrimination was effected on the applicants. So placed by the VI CPC, the anomaly of juniors drawing more pay than that of the seniors was not attracted as it was a case of equivalency of V CPC pay with VI CPC pay drawn as on 31.12.2005 between the same class/category of persons. In order to rectify the said anomaly the department issued Annexure R-6 O.M dated 12.7.2011 for stepping up of pay of the senior direct recruit on par with junior direct recruit appointed on or after 01.01.2006. As the applicants in the O.A except the 11 th applicant do not fulfill the basic requirements for grant of stepping up of pay as they were holding the next higher promotional grade as on 1.4.2006 where there is no element of direct recruitment. All the applicants in the O.A were already promoted to the next higher post of Technical Assistant-C (subsequently re-designated as Sr.Technical Assistant-A) before 01.04.2006. The junior and senior officers were thus due to this promotion not belonging to the same grade in which they were appointed. Hence both applicants and the persons with whom they are seeking parity of pay are not similarly placed. And unless similarly placed, they are not entitled for the similar benefit of pay by applying stepping up. The applicants joined service prior to 01.01.2006, after which the induction pay of Technical Assistants was enhanced to the Grade Pay of Rs.4600/- in PB-2 (revised) from the Grade Pay of Rs.4200/- in PB-2 (revised) with effect from 1.4.2006 and therefore, it cannot be said that both junior and senior have joined in the same scale of pay/Grade Pay as applicants who were Technical Assistants had been already promoted as Senior Technical Assistants prior to 1.4.2006. 18 The anomaly in the cases of the applicants occurred due to Section II of Part A of the First Schedule on the CCS (RP) Rules, 2008 which provides for higher induction pay to the direct recruit who join the service on or after 01.01.2006. As such, the Technical Assistants who joined the service on or after 01.01.2006 are placed in higher induction pay (Rs.17140/-) compared to their seniors, who joined service prior to 01.01.2006, which resulted in the anomaly of juniors drawing more pay than that of the seniors. The Technical Assistants selected under special review on acquiring additional qualification on or after 01.01.2006 were granted higher initial pay (Rs.17140/-) as per O.M No.HQ:ADMN:A:20(3):2012 dated 16.03.2012 (Annexure - R1) wherein pay was regulated as per provisions contained in Part A Section II of First Schedule under Rule 8 of CCS Revised Pay Rules, 2008. We note that this Rule has not been challenged.
19 The selection to the post of Technical Assistant is made by two methods viz; (I) direct recruitment from open market by issuing advertisement and (ii) by conducting special review for the serving Technician who acquire additional qualification of Diploma with first class while in service in the relevant discipline which is being treated as direct recruitment. But the mode is different for both lines of direct recruitment. The qualification for the post of Technical Assistant-B is Diploma with first class in the relevant discipline and in the scale of pay of Rs.5000-150-8000/- in 5 th Central Pay Commission period. Those who qualify in the selection process will be placed in the grade of Technical Assistant. Those who are not selected during the first review will get two more chances.
20 The applicants acquired Diploma in Engineering while in service and therefore, they were considered for Special Review and selected to the post of Technical Assistant-B. The Career progression for Technical Assistant-B is to the grade of Technical Assistant-C (in the scale of pay of Rs.5500-175- 9000/- in 5th CPC period). Those who complete the prescribed residency period of 4 years will be considered for promotion to the next higher grade of Technical Assistant-C and all the applicants got promotion to the grade before 01.01.2006 except applicant No.11 who got the grade on 01.10.2006. On promotion their pay was fixed as per the V CPC pay structure in operation on the respective date of promotion. Consequent on introduction of new career path for Scientific/Technical Assistant in ISRO by the Department vide OMs dated 3.2.2006 and 8.9.2006, the induction scale of pay of Rs.5000-150-8000/- (5 th CPC) was enhanced to Rs.5500-175-9000/- (5th CPC) and their next promotion grade was Technical Assistant-C from the scale of pay of Rs.5500-175-9000/- to Rs.6500-200-10500/- (5 th CPC) w.e.f 1.4.2006. Accordingly, the existing personnel in the respective grade as on 31.3.2006 were placed in the next higher applicable grade w.e.f 1.4.2006 and this despite the year of implementation i.e; 2006 has no relevance to VI CPC scales as the recommendation was not released. Further, Technical Assistant-B and Technical Assistant-C were re-designated as Technical Assistant and Sr.Technical Assistant-A respectively during 2009 by VI CPC. 21 Consequent on implementation of the 6 th CPC recommendations, the Technical Assistant/Technical Assistant-B whose induction grade was upgraded to the pre-revised scale of pay of Rs.5500-175-9000/- w.e.f 1.4.2006 was granted GP of Rs.4200/- in PB-2. Those who got promotion to the pre-revised scale of pay of Rs.5500-9000 which was upgraded to Rs.6500-10500/- w.e.f 01.4.2006 was granted Grade Pay of Rs.4600/-. Subsequently, the respondent vide Annexure A-2 O.M dated 12.11.2010 upgraded the GP of those Technical Assistants/Technical Assistant-B who were on the rolls as on 31.12.2005 in PB-2 with grade pay of Rs.4200/- to the Grade Pay of Rs.4600/- w.e.f 01.04.2006 keeping, the pay band unaltered. The Sr.Technical Assistant-A/Technical Assistant-C who were on the rolls as on 31.3.2006 in GP of Rs.4600/- were upgraded to GP of Rs.4800/- w.e.f 1.4.2006, keeping the pay band un-altered. Further, those selected to the grade of Technical Assistant under Special Review on acquiring the additional qualification of Diploma while in service while being treated as equivalent to direct recruitment were granted applicable induction Pay Band w.e.f 01.04.2006. The Technical Assistant who were inducted in between 1.1.2006 and 31.3.2006 were assigned the GP of Rs.4200/- in PB-2 from the date of induction and their initial pay was fixed as provided in Section II of Part A of the First Schedule of the CCS (RP) Rules 2008. The GP of such Technical Assistant was upgraded to Rs.4600/- w.e.f 1.4.2006 keeping the pay band un-altered. The Section II of Part A of the First Schedule of CCS (RP) Rules 2008 provides for higher induction pay to the direct recruitees who joined the service on or after 1.1.2006. As such, the Technical Assistants who joined the service on or after 1.1.2006 are placed in higher induction pay w.e.f 1.4.2006. It was the decision of VI CPC to treat direct recruits as a class apart and give them a higher induction pay post VI CPC implementation. This was introduced in VI CPC and did not exist in the V CPC.
22 When the induction scale of Technical Assistant-B/Technical Assistant was upgraded from the GP of Rs.4200/- (5000-150-8000 in 5 th CPC) to GP of Rs.4600/- (Rs.5500-9000/- in 5th CPC) w.e.f 1.4.2006 those who are in the promoted GP of Rs.4600/- (Rs.5500-9000/- in 5 th CPC were placed in the higher GP of Rs.4800/- (Rs.6500-10500/- in 5 th CPC) w.e.f 1.4.2006. Therefore, as on 1.4.2006 the applicant except Sl.No.11 are placed in one GP and the applicant no.11 was placed in the higher GP w.e.f 1.10.2006. Therefore, their pay was fixed as per applicable VI CPC Rules. Since the applicants are Special Review inductees and joined in the lower grade pay, they are not eligible for stepping up of pay on par with direct recruite who joined in higher grade pay. Special Review induction and Direct Recruits are two separate classes as per provisions of recruitment rules and as per recommendation of VI CPC. The applicants call this an anomaly. But the respondents argue that this is a service condition introduced by VI CPC for all similarly placed persons who are direct recruits across all departments of the Government of India and applicants are not isolated for this treatment. 23 Thus the pay of a senior Special Review inductee is stepped-up on par with the pay of a junior Special Review inductee as they are a separate class of persons, provided the pay anomaly between the senior and junior is arisen due to implementation of the recommendations of the Central Pay Commissions subject to fulfillment of the prescribed conditions for stepping up of pay. Respondent's argument also hinges on the three conditions for stepping up of pay which needs to be satisfied.
(a) Both the junior and senior officers should
belong to the same cadre and the posts in which they
have been promoted or appointed should be identical
and in the same cadre.
Here a distinction is made between direct recruits
and Special Review induction.
(b) The scales of pay of lower and higher posts
in which they are entitled to draw pay should be
identical.
Here the VI CPC has given different grade pay to
the two distinct groups.
(c) The anomaly should be directly as a result
of the application of FR 22-C.
24 The applicants argued during the hearing held on 5.10.2016 that since the applicants were designated as Sr.Technical Assistant-A, their scale should be above that of the Technical Assistant. In the instant case, the junior and senior officers are not belonging to the same grade in which they were appointed, because the personnel who joined prior to 1.1.2006 were in the pre-revised scale of Rs.5000-8000/-, which was revised to Rs.9300- 34800/- with Grade Pay of Rs.4200/- with effect from 1.1.2006, and subsequently elevated to the Grade Pay of Rs.4600/- with effect from 1.4.2006. Obviously, on implementation of recommendations of the 6 th Central Pay Commission with effect from 1.1.2006, the Grade Pay of Technical Assistants, who joined prior to 1.1.2006 on special review were revised to Rs.4200/- in PB-2 and thereafter got upgraded to Rs.4600/- in the same Pay Band with effect from 1.4.2006. Due to the above reason, they cannot claim the stepping up of pay based on the higher induction pay given to the direct recruitees who joined the service on or after 1.4.2006 in the higher grade as allotted by VI CPC than their seniors who had entered the grade prior to VI CPC.
25 The petitioners have been promoted to the post of Technical Assistant- C/Sr. Technical Assistant-A before 1.4.2006, and they were placed in the higher Grade Pay of Rs.4800/- w.e.f 1.4.2006 and hence the stepping up of pay is not applicable to them. The applicants did not satisfy the basic requirements governing stepping up of pay The scales of pay in which the senior joined was not one and the same in which the junior joined on or after 1.4.2006. Granting of stepping up of pay to a senior employee at par with his junior is that both the junior and Senior officers should belong to the same cadre, and the post in which they have been promoted or appointed should be identical and in the same cadre. Here, the applicants and their juniors have not joined in the identical grade. The applicants joined in the lower grade (Rs.5000-8000/-) to that of their juniors who joined in the higher grade (Rs.5500-9000) on appointment as a direct recruit. The pay of the applicants are not comparable with the pay of a direct recruit appointed in the Grade Pay of Rs.4600/- on or after 1.4.2006, for stepping up of pay, since applicants were already holding the next promotional higher Grade (pre- revised scale of pay of Rs.6500-10500) at that time and assigned the Grade Pay of Rs.4800/-. As such the applicants are not fulfilling the conditions prescribed for stepping up of pay with reference to the entry pay of the direct recruit Technical Assistants joined on or after 1.4.2006.
26. We however, see one point which merits consideration. The respondent nowhere clarifies whether the direct recruits and promotees irrespective of their separate and distinct modes of selection are borne on the same seniority list or are borne on seperately maintained seniority list. If they are borne on the same seniority list then the junior drawing more pay will give the senior the right of seeking pay parity with junior in which event that anomaly has to be rectified. If that be so, the respondent shall rectify the anomaly and grant the benefit of pay parity to the seniors on par with the juniors in the same gradation list. It shall be done within two months from the date of receipt of a copy of this order.
27 The Original Application is allowed as above. No costs.
(MRS.P.GOPINATH) (N.K.BALAKRISHNAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv