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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Vaghajibhai Nathabhai Rabari – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
NIKHIL S. KARIEL, J.
1. Rule returnable forthwith. Ms.Nirali Sarda, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent State.
2. The petitioners by way of this petition under Article 226 of the Constitution of India pray for a direction that the pay of the petitioners be put at par with their juniors who are appointed or or after 01.01.2006 and to place the petitioners at the stage of Rs.10810 in the pay band of Rs.9300-34800 (PB2) with effect from 01.01.2006.
3. The petitioner no.1 was appointed on 23.06.2000 and the petitioner no.2 was appointed on 18.06.2000 as a Shikshan Sahayaks and placed on a fixed salary of Rs.4500 for a period of five years. As on August 2005, the petitioners were in the pay-scale of Rs.5500-9000. By the coming into force of the 6th Pay Commission, their pay-scale came to be revised and implemented with effect from 01.01.2006 and they were placed in the pay-scale of Rs.9300-34800 with the grade pay of Rs.4200. Thereafter, the State through the Finance Department came out with a resolution dated 14.09.2011 by which the entry level pay was revised with effect from 01.01.2006. As per the said government resolutio
The principle of stepping up applies to ensure seniors are not paid less than juniors in the same cadre, remedying salary anomalies post-implementation of the 6th Pay Commission.
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.
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....
Seniors are entitled to pay parity with juniors unless the junior's higher pay is due to advance increments or similar exceptions, which were not established in this case.
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....
Rule 21 of the Gujarat Civil Services (Pay) Rules, 2002, does not apply when the pay anomaly is not a direct result of its application, particularly when the higher pay of juniors is due to prior ad ....
Entitlement of a senior employee to stepping up of pay equal to that of a junior employee, conditions for stepping up of pay, and the applicability of various judgments related to equal pay for equal....
Inconsistent employment statuses disallow consideration for pay stepping up; claims must adhere to specific statutory provisions and conditions.
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
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