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REKHA PALLI, TUSHAR RAO GEDELA
Union of India – Appellant
Versus
Sushil Kohli – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
CM APPL. 2311/2024 -Ex. & CM APPL. 2312/2024 -Ex.
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
W.P.(C) 514/2024, CM APPL. 2310/2024 -Stay., CM APPL. 2313/2024 - Addl. doc.
3. The present writ petition under Articles 226 and 227 of the Constitution of India, seeks to assail the order dated 07.03.2023 passed by the learned Central Administrative Tribunal in O.A. No. 737/2016.
4. Vide the impugned order, the learned Tribunal has allowed the O.A. preferred by the respondent, by directing the petitioner to suitably step up the pay of the respondent to bring the same at par with Mr. Sushil Kumar and Mr. L.N. Sharma, who are admittedly juniors to the respondent in the common seniority list of the All India Cadre of Statistical Investigator Grade III, which list was set up after the merger of State Cadres of Statistical Investigator on 02.12.1999. The learned Tribunal also noticed that while the respondent was initially in the Himachal Pradesh Cadre, Mr. Sushil Kumar and Mr. L.N. Sharma were in the Rajasthan Cadre and it is only upon merger of the State Cadres w.e.f. 02.12.1999 that a common seniority list was issued
Senior's pay must be stepped up to match junior's in same cadre/identical posts when anomaly arises from FR 22(I)(a)(1) application and pay fixation options, per DOP&T guidelines.
Stepping up of senior's pay allowed when anomaly arises from junior's FR 22(I)(a)(1) option, despite pre-2006 ACP, in same cadre with identical scales.
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
Senior entitled to pay stepping up at par with junior in same cadre under FR 22 when no DoP&T exceptions apply, removing pay anomaly.
Senior entitled to pay stepping up under FR 22 to match junior in same cadre despite different entry; refixation without hearing violates natural justice.
The court established that the provision for stepping up of pay was intended to rectify anomalies in pay scales, particularly in cases where a senior employee had acquired the same qualifications muc....
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