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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Patel Manojkumar Govindbhai – Appellant
Versus
State of Gujarat – Respondent
ORDER :
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.7730 in the pay band of Rs.5200-20200 (PB1) with effect from 01.01.2006.
3. The petitioners were appointed on different dates as a Peon and placed on a fixed salary of Rs.1500 for a period of five years. As on August 2005, the petitioners were in the pay-scale of Rs.4440-7440. 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.5200-20200 with the grade pay of Rs.1900. Thereafter, the State through the Finance Department came out with a resolution dated 27.02.2009 by which the entry level pay was revised with effect from 01.01.2006. As per the said government resolution, the basic pay was fixed at Rs.7730 with grade pay of Rs.1900 as a result of which
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 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 court established that pay discrepancies between senior and junior employees must be rectified to ensure equitable compensation as per the applicable rules.
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 ....
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
The principle that a senior employee cannot receive less pay than a junior is upheld, prompting the court to direct equal pay adjustments based on established seniority and promotion timelines.
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