JUDGMENT :

1. Delay condoned.

2. Special leave granted.

3. The appeal impugns the judgment and order of the Central Administrative Tribunal, Principal Bench, whereby the appellant's application for stepping-up of his pay to the level drawn by his junior was rejected.

4. The appellant and his immediate junior, one M.M.L. Sharma, were promoted and posted to a new unit to fill existing vacancies. The appellant was posted to Vishakhapatnam and Sharma was posted to Ambala. Sharma was relieved on receipt of the posting order and he joined the new posting on 21.9.82. The appellant could join the new posting only on 21.2.83 because he was retained in his previous posting "in public interest". Consequently, Sharma's pay was fixed at Rs. 1,100/- with effect from 21.9.82 and he earned his next increment on 1.9.83. The appellant's pay was fixed at Rs. 1,100/- only on 21.2.83; consequently, he earned his next increment on 1.2.84. It was the case of the appellant that this was an unjustifiable anomaly and it had happened only because he had been retained in his previous posting in the public interest.

5. We are disinclined to accept the argument on behalf of the respondents, which was accepted by t