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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Jagvir Singh – Appellant
Versus
Union of India – Respondent
W.P.(C) 5148 of 2017
Decided On : 13-01-2023
Step-up Pay - Railway Board Circular - The court directed the respondents to step-up the petitioner's pay at par with his batch mates in accordance with a specific circular, along with arrears of pay.
Fact of the Case:
The petitioner sought direction to step-up his pay at par with his batch mates and to pay penal costs for compelling the petitioners to file the present petition.
Finding of the Court:
The court disposed of the petition directing the respondents to step-up the petitioner's pay at par with his batch mates in accordance with a specific circular, and to pass necessary orders within four weeks.
Issues: Prayer for pay step-up and penal costs, Respondent's submission on coverage of previous judgment
Ratio Decidendi: The case of the petitioner was found to be fully covered by a previous judgment, leading to the court's decision to direct the respondents to step-up the petitioner's pay.
Final Decision: The petition was accordingly disposed of with the direction to step-up the petitioner's pay at par with his batch mates and to pass necessary orders within four weeks.
JUDGMENT (Oral)
1. The petitioner in this petition has made following prayer:
i) To direct the respondents to step-up the pay of petitioner at par with his batch mate in terms of the circular dated 04.02.2010 issued by railway board from the date their batch mates started drawing higher pay together with arrears of pay.
ii) To direct the respondents to pay the penal costs for compelling the petitioners to file the present petition and undertake unwarranted litigation.
2. The case of the petitioner is that the present case is covered by the decision of a Co-ordinate Bench of this Court in W.P.(C) No. 6762/2016 titled as Srinivas & Ors. Vs. Union of India & Ors. decided on 04.08.2016.
3. Pursuant to the directions of this Court, the said judgment has been placed on record. Vide Order dated 18.10.2022, counsel on behalf of the respondent sought time to take instructions as to whether the case of the petitioner is covered by the judgment mentioned above.
4. Learned counsel for the respondent on instructions submits that the case of the petitioner is fully covered by the aforesaid judgment. Accordingly, we hereby dispose of the present petition directing the respondents to step-up the pay of petitioner at par with his batch mates in terms of circular dated 04.02.2010 issued by Railway Board from the date the batch mates started drawing higher pay together with arrears of pay. The necessary orders shall be passed within four weeks from today.
5. In view of the above, petition is accordingly disposed of.
The court's decision was influenced by the specific circular issued by the Railway Board and the coverage of a previous judgment.
Court mandates timely response to administrative appeal for pay parity, emphasizing reasoned decisions and ensuring avenues for appeal.
The denial of stepping-up of pay to rectify a pay anomaly was deemed illegal, and the relief granted by the learned Single Judge was upheld.
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
The main legal point established in the judgment is the entitlement of employees to pay scale benefits and the rejection of denial of benefits based on FR 22(I)(a)(1) and OM dated June 01, 2001.
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
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