Point of Law: Subject to the provisions of Rule 5, if the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.

ORDER :

1. Petitioner has approached this Court for quashing communication dated 5th March, 2013 (Annexure A2) whereby his representation, to step up his pay equal to the pay fixed for Junior Officer namely Engineer Arun Prashar, has been rejected. Further prayer in petition is to direct the respondents to grant benefit of stepping up of pay enhancing his pay as on 1.1.2006 from 49490 to 49740 with subsequent consequential pay fixation till his superannuation and other benefits including pensionery benefits, if any, on account thereof and to pay arrears of benefits w.e.f. 1.1.2006 by fixing pay of applicant at par with his junior along with interest at the rate of 9% per annum.

2. In the pleadings of parties, there were some discrepancies in the dates of appointment, promotion, etc. with respect to petitioner as well as Arun Prashar and, therefore, department was directed to impart instructions. In response thereto, learned Deputy Advocate General has placed instructions dated 10.5.2022 on record.

3. Perusal of pleadings as well as instructions imparted during the course of hearing indicates that petitioner’s case is that he was appointed as Junior Engineer on regular basis with respondent-department on 18.7.1978 and was promoted as Assistant Engineer on regular basis on 25.6.1985 and was further promoted to the post of Executive Engineer on 28.1.1999 and was promoted as Superintending Engineer on 6.6.2011 and on promotion as Superintending Engineer his pay on 6.6.2011 was fixed on Rs.61010 in pay scale of 37400- 67000+8700 GP and superannuated as Superintending Engineer on 30.4.2015, whereas one Arun Prashar was appointed as Junior Engineer in the year 1980 about two years later than petitioner and who was promoted as Assistant Engineer on 22.5.1986 about one year later than petitioner and was promoted as Executive Engineer on 9.4.2007 about and later than petitioner and superannuated on 31.7.2014 as Executive Engineer and as such Arun Prashar remained junior to the petitioner since initial appointment.

4. In revision of pay scale w.e.f. 1.1.986, pay of petitioner as Assistant Engineer was fixed as Rs.2200/- w.e.f. 1.1.1986 in pay scale of Rs.2200-4000 with next date of increment on 01.01.1987 whereas pay of junior (Arun Prashar) was fixed Rs.2200 but w.e.f. 22.05.1986 (the date of promotion as Assistant Engineer) in the pay scale of Rs.2200-4000 with next date of increment 01.5.1987.

5. In revision of pay scale w.e.f. 1.1.1996, pay of the petitioner as Assistant Engineer was fixed as Rs.12000 w.e.f. 1.1.1996 in pay scale of Rs.12000-15500 with date of next increment on 1.1.1997. Pay of his junior (Arun Prashar) was also fixed 12000 w.e.f. 1.1.1996, in the pay scale of 12000-15500 with next date of increment on 1.1.1997.

6. On 01.06.2003 pay of petitioner was Rs.15,900 whereas pay of junior Arun Prashar, as on 1.1.2004, was Rs.15500/- and since 1.6.2005 till 1.06.2006 pay of petitioner remained Rs.16800/- whereas pay of Arun Prashar till 1.1.2006 remained Rs.15900/-. Pay of the petitioner and Arun Prashar as on 31.12.2005 was 16800/- and 15900/- respectively. Therefore, till revision of pay scale w.e.f. 1.1.2006 petitioner was senior to Arun Prashar as Assistant Engineer and Executive Engineer and pay of petitioner was also higher.

7. On revision of pay scale w.e.f. 1.1.2006 pay of the petitioner was fixed as Rs.49490/- whereas pay of his junior Arun Prashar was fixed as Rs.49740/-.

8. Petitioner came to know about fixation of higher pay of his junior in the year 2010 and, therefore, he made representation for applying principle of stepping up for fixing his pay at par with his junior Arun Prashar.

9. The representation of petitioner was rejected by Engineer-in-Chief IPH Shimla vide dated 5th March, 2013 (Annexure A-2) on the ground that such anomaly had arisen due to option exercised by the Junior Officer to fix his pay in the revised pay scale before granting annual increment in the revised Pay Band and Grade Pay effective