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LAPITA BANERJI
Pulak Baran Chakraborty – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Lapita Banerji, J.
The petitioner is an ex-employee of Eastern Coalfields Limited (in short, “ECL”). The petitioner retired from service in 2012.
2. By an Office Memorandum dated May 02/07, 2009, the Coal India Limited (CIL) revised the pay of Board Level and below Board Level Executives of CIL and its subsidiary companies with effect from January 1, 2007. The existing scales of E1 to E5 and M1 to M4 were re-named as E1 to E9. The current and revised scales are reproduced in a tabular form hereinbelow for easy reference:
| Sl. No. | Current | Revised |
| (i) | E1 | (E1) |
| (ii) | E2 | (E2) |
| (iii) | E3 | (E3) |
| (iv) | E4 | (E5) |
| (v) | E5 | (E6) |
| (vi) | M1 | (E7) |
| (vii) | M2 & M3 | (E8) |
| viii) | M4 | (E9) |
3. All the Executives, who were on the rolls as on January 1, 2007, but, subsequently ceased to be in service on account of superannuation, resignation, VRS and death, were held to be eligible for benefits of revised scale upto the period they were in employment.
4. The petitioner was given the fitment benefit pursuant to the Circular dated May, 2009.
A subordinate legislation, such as a CIL Circular, must be interpreted in consonance with the statutory Rules governing the same issue, and that the statutory Rules would have precedence.
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The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.
Seniors entitled to pay stepping up under FR 22 once juniors promoted to identical post/scale, despite initial CDA-IDA fixation anomaly.
Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differen....
In the matters of this kind the approach is not go entirely on the issue of the lapses and delay but to examine the merits. It is with that approach that this Court has required the Opposite Parties ....
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
Claims for salary fixation based on pay anomalies are not barred by limitation as they are considered continuing wrongs, necessitating rectification.
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