IMPORTANT POINT
The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.

ORDER :

(K. Manmadha Rao, J.) :

WP No.23997 of 2020 is filed under Article 226 of Constitution of India for the following relief:

“… to issue an order or direction more particularly one in the nature of writ of MANDAMUS by holding that the action of the respondents in not considering the case of the petitioners for re fixation of the Pay by rectifying the pay anomaly as capricious violative of Article 14 of the Constitution of India contrary to F R 22 (1a) I R/w Rule 13 of CCS RP Rules 2016 and as such liable to be set aside in the interest of justice with a consequential direction to the respondents to directing to consider the case of all the petitioners for refixation of the Pay by rectifying the pay anomaly with all the consequential benefits and to pay the arrears of difference of salary from the date of pay anomalous introduced forthwith and pass…”

WP No.23938 of 2020 is filed under Article 226 of Constitution of India for the following relief:

“….to issue an order or direction more particularly one in the nature of writ of MANDAMUS by holding that the action of the respondents in not considering the case of the petitioners for re fixation of the Pay by rectifying the pay anomaly as capricious violative of Article 14 of the Constitution of India contrary to FR 22 1a11 R/v Rule 13 of CCS RP Rules 2016 and as such liable to be set aside in the interest of justice with a consequential direction to the respondents to directing to consider the case of all the petitioners for refixation of the Pay by rectifying the pay anomaly with all the consequential benefits and to pay the arrears of difference of salary from the date of pay anomalous introduced forthwith and pass…”

WP No.24407 of 2020 is filed under Article 226 of Constitution of India for the following relief:

“……to issue an order or direction more particularly one in the nature of writ of MANDAMUS by holding that the action of the respondents in not considering the case of the petitioners for refixation of the Pay by rectifying the pay anomaly as capricious violative of Article 14 of the Constitution of India contrary to F R 22 (1a)(1) R/w Rule 13 of CCS RP Rules 2016 and as such liable to be set aside in the interest of justice with a consequential direction to the respondents to directing to consider the case of all the petitioners for refixation of the Pay by rectifying the pay anomaly with all the consequential benefits and to pay the arrears of difference of salary from the date of pay anomalous introduced forthwith and pass…..”

2. As the issue involved in all these writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.

3. Since the facts in all the writ petitions are similar and identical, therefore WP No.23997 of 2020 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.

4. The grievance of the petitioners in this case is that the 1" petitioner herein was appointed as Diploma Trainee in the month of October, 2011 and he is drawing less pay than his juniors. Hence, the same was represented to the authorities, but till date no consideration was made, which is unjust and arbitrary. The 2nd petitioner was also similarly situated and he is also drawing less pay than his junior. Questioning the action of the respondents in not considering the case of the petitioners for re-fixation of the pay by rectifying the pay anomaly, the present writ petition has been filed.

5. The counter affidavit has been filed by the respondents No.4 to 6. In the counter affidavit, while denying all the allegations made in the petition, inter alia, contended that the Assistant Foreman/Tradesman 'E'/Asst, is the highest designation/cadre in the workmen category. The above designation/ cadre will become Foreman/AAO on promotion, which comes under officer category. The anomaly generally arises due to the effect of wage revision before and after the promotion. It is further stated that the per