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The above instructions themselves provide .

stepping up of pay in cases, where anomaly in pay has occasioned because of operation of FR22 on promotion from one post to another. In the instant case, Jagdev Singh Thakur exercised his option for pay fixation under FR22 and got promotional increment after getting the annual increment of the lower post. He got benefit of ACPS on completion of 8 years of service on 01.12.2006 and got annual increment of the lower post on 01.03.2008. This was done by opting for pay fixation under FR22. The anomaly which resulted in Jagdev Singh Thakur getting higher pay than his senior (the petitioner), therefore, was required to be removed as it had occurred due to operation of FR22.

State on 10.09.2013 relied upon by the respondents clearly .

provide that step up of pay is admissible where anomaly occurs due to operation of FR22. In the instant case, the junior got higher pay on account of ACPS and his opting for pay fixation under FR22. For all these reasons, the pay of petitioner is required to be stepped up at par with that of his junior. This petition is accordingly allowed. The respondents are directed to step up the pay of the petitioner at par with that of his junior. This exercise be carried out within six weeks. However, an important aspect that cannot be lost sight of is that the petitioner has preferred instant petition only on 01.08.2017 without cogently explaining the delay in moving the Court. In the interest of justice, equity is required to be balanced. It is, therefore, ordered that financial benefits accruing to the petitioner as a consequence of this decision shall be admissible to him only from three years prior to the date of filing of this petition and onwards.