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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Vaghajibhai Nathabhai Rabari – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. discrepancy in pay between seniors and juniors (Para 2 , 3) |
| 2. necessity for stepping up of pay (Para 4 , 5) |
| 3. court's interpretation of stepping up principle (Para 6) |
| 4. final ruling on salary adjustments (Para 7) |
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 wit
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.
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.
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.
Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differen....
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