JUDGMENT :

Heard learned counsel for the parties.

2. The writ petition is directed against the order dated 27.06.2016 and 09.08.2018 passed in OA/051/00272/2014 and OA/051/00184/2016 respectively by the learned Central Administrative Tribunal(CAT), Patna Bench, Patna, Circuit Court at Ranchi as contained in Annexure-5 and 6. The dispute relates to the claim of stepping up of pay on the part of the applicant, which has been declined by the learned CAT. The legal issue for consideration was framed by this Court on 25.02.2020. Since the matter related to pay fixation and lied in the domain of financial experts, Comptroller and Auditor General of India (CAG) was impleaded as respondent and asked to file its response. For better appreciation, the relevant extract of the order dated 25.02.2020 is quoted herein below:

“The Divisional Personnel Officer, East Central Railway, Dhanbad Mr. Chandra Shekhar Azad has appeared today and explained the pay fixation of the applicant and the private respondent.

There is a claim of stepping up of pay on the part of the applicant which has been declined by the learned Central Administrative Tribunal. Both the employees started their career from the post of Goods Guard (Running Category) appointed on the same day 10th November 1986. Applicant got promoted as Section Controller on 7th September 1993. On such promotion during his pay fixation, he got the benefit of 30% of basic pay as running pay element of Rs.1410/-. Private respondent got promoted w.e.f. 26th February 1997 and also got the benefit of 30% of basic pay as running pay element in terms of the Indian Railway Establishment Manual Volume-I (1989 Edition) Rule 924 para-(i)(d). So far, the application of the rule to both the employees stands on equal footing. However, private respondent had been granted another component of 30% of basic pay as running pay element on fixation of his pay on 01.01.1996 after 5th pay revision. This resulted lesser salary drawn by the applicant i.e. @ Rs.6700/- w.e.f. 1st March 1997 compared to the private respondent as on 26th February 1997 at Rs.7,250/- in the lower scale of Rs.5500-175-9000/- on his promotion as Section Controller. The applicant had got promoted as Section Controller on 7th September 1993 itself. This difference has grown up gradually during subsequent pay fixations and the applicant draws Rs.86,100/- as on 1st July 2019 while private respondent draws Rs.88,700/- as on the same date. It is also to be taken note that applicant stood promoted as Chief Controller on 18th February 2005 while private respondent continues on the next promoted post of Deputy Chief Controller w.e.f. 29th June 2001 till date.

The comparative chart of pay fixation of both the employees undertaken from time to time with the relevant extract of the Indian Railway Establishment Manual Rule 924 para (i)(d); the pay fixation of the two employees in 1997 and notification of the Ministry of Railways (Railway Board) dated 8th October 1997, RBE No.133/97 has been furnished by the Divisional Personnel Officer, Dhanbad to justify the pay fixation of the private respondent. Though attention has been drawn to Rule 7 “Fixation of initial pay in the revised scale” under the Railway Services (Revised Pay) Rules 1997 (Annexure-D) but this Rule does not stipulate grant of 30% of basic pay as running pay element which has been granted on 01.01.1996 to the private respondent as a result of pay fixation under Vth PRC. On being specifically asked, the Divisional Personnel Officer, East Central Railway, Dhanbad is not sure if this particular pay fixation of both the employees was subjected to audit conducted by the Comptroller and Auditor General of India.

Since the matter relates to pay fixation and is in the domain of financial experts, we deem it proper to implead the Comptroller and Auditor General of India as respondent in the present wri