The court emphasized that pay does not depend on seniority alone, nor is seniority alone a criterion for stepping up of pay.

Rajiv Sharma, J.

Petitioner was promoted as Senior Junior Engineer on 14.9.1988. He was transferred to Irrigation and Public Health Department on 9.9.1988. Petitioner assailed this decision by filing O.A. No. 35 of 1990. The same was decided on 23.6.1995.

2. Pay of one Sh. Tilak Raj Chaunta was fixed at Rs.13,125/- and the pay of petitioner was fixed at Rs.10,025/-. Petitioner made representation for the redrssal of his grievance. The main contention of the petitioner in the representation was that Sh. Tilak Raj Chaunta was junior to him since in the seniority list, he figured at Sr. No. 397 and the petitioner figured at Sr. No. 338. According to the petitioner, his pay ought to have been stepped up since Sh. Tilak Raj Chaunta was junior to him. However, the fact of the matter is that Sh. Tilak Raj Chaunta was promoted as Assistant Engineer (Civil) on 26.8.1978 and the petitioner was promoted as Assistant Engineer (Civil) only on 7.12.2000.

3. According to the averments contained in the supplementary affidavit, case of the petitioner was considered for promotion for the post of Assistant Engineer (Civil) in the Departmental Promotion Committees held in the years 1996, 1997, 1998 and 1999. He was not found suitable for promotion to the post of Assistant Engineer (Civil). In the Review Departmental Promotion Committee held on 1.8.1996, petitioner was again not found suitable. Similarly, in the Departmental Promotion Committee held in the year 1998 and 2000, case of the petitioner was not recommended. Case of the petitioner was finally recommended for promotion as Assistant Engineer (Civil) on 14.11.2000, pursuant to which the petitioner was promoted on 7.12.2000.

4. In view of the facts enumerated hereinabove, it cannot be held that the petitioner is senior to Sh. Tilak Raj Chaunta. Sh. Tilak Raj Chaunta has worked as Assistant Engineer (Civil) with effect from 26.8.1978. Petitioner has been promoted on 7.12.2000 after 22 years of the promotion of Sh. Tilak Raj Cahunta. In view of this, pay of the petitioner cannot be ordered to be stepped up. The petitioner has worked only as Senior Junior Engineer with effect from 1988 to 2000.

5. Their Lordships of the Hon’ble Supreme Court in Union of India and another Vs. R. Swaminathan and others (1997) 7 Supreme Court Cases 690 have held that the juniors can be granted higher pay than their seniors, if the juniors officiate in promotional posts. Their Lordships have further held that the increased pay drawn by a junior because of ad hoc officiating or regular service rendered by him in the higher post for periods earlier than the senior is not an anomaly because pay does not depend on seniority alone nor is seniority alone a Criterion for stepping up of pay. Their Lordships have held as under:

“9. We are, however, in the present case, concerned basically with Fundamental Rule 22(I)(a)(1) and the proviso to Fundamental Rule 22 because, in all these appeals. the junior employees who have got higher pay on promotion than their seniors, had officiated in the promotional post for different periods on account of local ad hoc promotions granted to them. This is because the Department of Telecommunications is divided into a number of Circles within the country. The regular promotions from the junior post in question to the higher posts are on the basis of all India seniority. The Heads of Circles have, however, been delegated powers for making local officiating arrangements based on circle seniority to the higher posts in question against short term vacancies up to 120 days in the event of the regular pannelled officers not being available in that circle. This period of 120 days was subsequently revised to 180 days. Under this provision for local officiation, the senior most official in the circle is allowed to hold the charge of the higher post for a limited question. This is purely out of administrative considerations and is resorted to in order to tide over the exigencies of work. This