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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
SI Daya Chand – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Tushar Rao Gedela, J.
1. The petitioner challenges order dated 06.03.2019 passed in O.A. No.3074/2013 by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the `Tribunal'), whereby his prayer for re-fixation of pay equal to that of his junior, sought on the ground that the petitioner herein was never offered the option of fixation of pay from the date of increment of pay scale of the previous post at the time of promotion to the rank of Head Constable (Exe.), was rejected and the Original Application dismissed.
2. The case of the petitioner as culled from the record is that the petitioner was appointed as Constable (Exe) in Delhi Police on 08.11.1976. Subsequently, one Sh. Prem Prakash had joined the Delhi Police as Constable (Exe) on 07.12.1976 and was junior to the petitioner. It is the case of the petitioner that he along with Sh. Prem Prakash was promoted as Head Constable on 12.06.1987.
3. Petitioner states that while he was drawing the pay scale of Head Constable, due to an option for fixation of pay, which was offered to Sh. Prem Prakash, said Sh. Prem Prakash subsequently, started drawing a higher pay while the petiti
Denial of pay fixation option to a senior employee in favor of a junior constitutes discrimination, violating principles of equality under Article 14.
The proper interpretation of pay fixation rules under FR 22-B and associated rulings dictates that prior option exercised by a government servant must be adhered to, ensuring benefits are computed co....
Junior's pay under revised rules with 15% enhancement cannot exceed senior's; refixation at par upheld if due to incorrect option, but excess recovery quashed if departmental error.
The court upheld the authority's reduction of the petitioner's pay due to prior erroneous fixation, confirming compliance with the Central Civil Services Rules while quashing the recovery order.
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 ....
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