SANJIV KHANNA, J.

Ramesh Lal Dogra, the writ petitioner, impugns the order dated 12.5.2015 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal, for short) in OA No.2291/2013, whereby prayer for stepping-up of pay in parity with his junior, Mr. Ashu Sharma, has been rejected.

2. We have heard learned counsel for the parties, and with their consent, have taken up the writ petition for final hearing and disposal.

3. Mr. Ramesh Lal Dogra, an erstwhile employee in the Ministry of Railways, on 10.4.2000, had joined Delhi Metro Rail Corporation (‘DMRC’) on deputation as a Senior Accounts Officer in the pay scale of Rs.10,000-15,200/-. On 1.10.2004, while still on deputation, he was promoted as the Deputy General Manager (‘DGM’) in the pay scale of Rs.12, 000-16,500/-. On 6.10.2006, he was absorbed in the DMRC at the post of DGM. On 2.7.2009, Mr. Ramesh Lal Dogra he was promoted as the Joint General Manager(‘JGM’) in the pay scale of Rs.17,100-21,850/-.

4. Before absorption, the petitioner was being paid Central Dearness Allowance (‘CDA’) pay scale and sometime after absorption, the petitioner became entitled to and was paid Industrial Dearness Allowance (‘IDA’) pay scale. This was in accordance with Rule 7.1 of the General Conditions of Service Rules (‘GCSR’) of DMRC, dated 14.6.2005. The said Rule reads as under:

“7.1. There shall be two pay scales (IDA and CDA) in operation in the Corporation. Those personnel, who join DMRC on deputation from an organization where they are in CDA scales, they may continue to be in CDA scales in DMRC or may opt for IDA scales. The DMRC recruits are to be in IDA pay scales. However those recruits who are in CDA pay scales may have the option to continue in CDA scales till they are promoted to the next higher grade which shall be in IDA scale”.

Thus, on promotion to the next higher grade, the personnel who join DMRC are uniformly entitled to IDA pay – scales.

5. Mr. Ashu Sharma, who was junior to the petitioner in the parent department, i.e., the Ministry of Railways, had similarly joined DMRC on deputation on 13.4.2004 as DGM in the scale of Rs.12,000-16,500/-. On 21.7.2009, Mr. Anshu Sharma was allowed to officiate as JGM. On 16.9.2009, Mr. Ashu Sharma exercised his option to be governed by the IDA pay scale. On 24.12.2011, Mr. Anshu Sharma was absorbed in DMRC as a DGM, officiating as JGM. On 15.7.2012, Mr. Ashu Sharma was confirmed at the post of JGM.

6. Rule 11.3 of the GCSR deals with inter se – seniority. On absorption of a deputationist, his seniority is counted from the date of absorption. The petitioner, Mr. Ramesh Lal Dogra, as noted above, was absorbed as DGM on 6.10.2006, whereas Mr. Ashu Sharma was absorbed as DGM on 24.12.2011, when he was officiating as JGM. By 24.12.2011, the petitioner had already been promoted and was working as the JGM with effect from 2.7.2009. It is obvious that Mr. Ramesh Lal Dogra was senior to Mr. Ashu Sharma.

7. Strangely, the respondent DMRC disputes and denies that the petitioner is senior to Mr. Ashu Sharma. The stance is fallacious and rather questionable. The assertion should be rejected for the reason that the Office Note dated 5.11.2012, circulated by the DMRC records and notes the date of entry of executives in the DRMC in the initial grade and the subsequent developments upto 1.11.2012 in 12 departments. Based upon the position in the enclosed list, the office Note states that the seniority list would be issued and regularisation of ad hoc promotions would be undertaken thereafter. Officers who had been regularised in the executive cadre were included in the seniority list. This list at the DGM level enlists Mr. Ramesh Lal at Sl. No.2 and Mr. Ashu Sharma at Sl. No.4. Both of them have been shown in the pay scale/grade of Rs.29,100-54,500/-. The date of joining the executive service of the DMRC in the case of Mr