The main legal point established in the judgment is that employees appointed prior to the enforcement of revised pay rules are entitled to parity with direct recruits in terms of pay scale under the Revised Pay Rules 2008.

SANJIV KHANNA, J.

1. With the consent of the learned Counsel for the parties these writ petitions are taken up for hearing and final disposal and as identical issue arise for consideration as they are being disposed of by the common judgment.

2. As issue in question is covered by judgments of this Court, we are not referring to facts in detail. The petitioners herein are Constables in Central Industrial Security Force and were appointed prior to 1.1.2006. After enforcement of the Central Civil Services (Revised Pay) Rules 2008, the petitioners’ pay scales were fixed under Rule 7(1) (A) (i) by applying multiplier of 1.86 and rounding of resultant figure to the next multiple of ten.

3. The contention of the petitioners is that the pay fixed under the Revised Pay Rules was lower than the salary payable to a direct recruit appointed as a Constable on or after 01.01.2006 fixed under Rule 7(1)(A)(ii) at the minimum of Revised Pay Band/ Pay Scale as per Section II of Part B of the First Schedule of 2008 Rules.

4. This position or rather anomaly it is accepted is correct by the respondent, who submit that the petitioners’ cannot claim parity with the direct recruits and the pay scale applicable to them. The respondents state that the petitioners’ would be entitled to stepping up of pay after the direct recruit was appointed. In this case, the direct recruits were first appointed on 02.02.2006 and accordingly the salary/pay of petitioners’ have been upgraded or stepped up to the level of direct recruits from the said date.

5. Identical issue had come up before this Court in W.P(C) No. 8058/2015, Union of India and ors v. Malbika Deb Gupta. Deciding the issue in favour of the employees vide decision dated 4th November, 2016, it was held as under:

“6. Rule 7A clause (i) postulates for computation of the revised pay by multiplication of the existing basic pay as on 01.01.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. Thus the existing pay scales are to be multiplied by a factor of 1.86 and would be rounded off as indicated. However, clause (ii) thereof stipulates that where minimum revised pay scale is more than the amount arrived at as per clause (i), the pay will be fixed at the minimum of the revised basic pay / pay scale. The clause (ii) refers to the pay scale and grade pay as applicable on enforcement of the Revised Pay Rules, 2008. In case the minimum revised pay scale under the Revised Pay Rules,2008 is more than the figure arrived at under clause(i) of Rule 7A, clause (ii) would be applicable.

7. The contention of the petitioners is that Rule 7A (ii) will not apply when Note 2A is applicable. We do not agree with the said argument. Note 2A does not contradict the said Rule 7A or carve out an exception overriding the mandate of Rule 7A. The note stipulates that for posts upgraded as indicated in Part B and C of the First Schedule of the Rules, the fixation of pay will be done in the manner provided in clauses (i) and (ii) of Rule 7A by multiplication of the pay scale as existing on 01.01.2006 by a factor of 1.86 and rounding of.. Note 2A, in effect, makes reference to clause (i) of Rule 7 Clause A and is identically worded as clause (i) to Rule 7A. This does not mean that clause (ii) to Rule 7A would not be applicable. If this was the intent and purpose of Note 2A, the Note would have been differently worded. In simple and plain words, it would have been stated that clause (ii) would not be applicable till first direct recruits were appointed or first promotions post 1st January, 2006 were made. Reference to clause (ii) of Rule 7A would not have been made in this manner. Rule 7A and Note 2A are to be construed and interpreted harmoniously so as to make them consistent to avoid any conflict.

8. The argument of the petitioner ignores and contradicts the second and third sentence of Note 2A. The second and the third sentence in Note 2A state that the grade pay in the upgraded scale as indica