The main legal point established in the judgment is that a senior cannot be paid a lesser salary than his junior, and if the junior is given more pay, the department is bound to step up the pay of the senior on par with his junior.

N. Paul Vasanthakumar, J.

1. Heard Mr.T.N.Sugesh, learned counsel appearing for the petitioner and Mr.E.K.Kumaresan, learned counsel appearing for the 1st respondent and Mr.S.Ganeshkumar, learned counsel appearing for the 2nd respondent.

2. This writ petition is filed praying to quash the order dated 07.12.2013, rejecting the request of the petitioner seeking fixation of seniority in the cadre of Additional District Judge, Fast Track Court on ad-hoc basis for the purpose of getting enhanced retirement benefits.

3. Brief facts are that the petitioner was appointed on 24.2.1983 as Judicial Second Class Magistrate (J.S.C.M.) and promoted as Civil Judge (Senior Division) on 14.3.2001 and was promoted as Additional District Judge (Fast Track Court) on ad-hoc basis with effect from 01.9.2008 and further promoted as District Judge (Entry Level) on ad-hoc basis on 04.9.2009.

The petitioner retired from service on attaining the age of superannuation on 30.6.2010 after serving for a period of 28½years. The 2nd respondent became the Civil Judge (Junior Division) on 21.02.1983 and promoted as Senior Civil Judge on 15.3.2001 and was promoted as Additional District Judge (Fast Track Court) on ad-hoc basis on 07.5.2007 and further he was promoted as District Judge (Entry Level) on 01.12.2009. The petitioner was given pay of Rs.51550-1230-58930-1380-63070; whereas the 2nd respondent was paid a sum of Rs.55,240/-, due to which the petitioner was sanctioned with lesser pensionary benefits than the 2nd respondent, who is his junior. As there was huge difference in pay compared to that of his junior, the petitioner has submitted a representation dated 11.11.2011, wherein he has prayed for stepping up of pay on par with the pay of his junior, namely, N.Ramachandran, who was junior always, except when he was posted as Additional District Judge, Fast Track Court on ad-hoc basis for a term. The said request seeking stepping up of pay to that of his junior, namely, N.Ramachandran was not considered by the 1st respondent and a reply was sent on 02.11.2012 stating that while considering the cases for promotion to the cadre of District Judges, the petitioner was promoted to the cadre of District Judge (Entry Level) along with his immediate junior, namely, N.Ramachandran without affecting the petitioner's original seniority, however, the request for stepping up of his pay to that of his junior was rejected. Petitioner again submitted a representation on 12.12.2012 relying upon FR 22-B and 27 and claimed stepping up of his pay, which was rejected by the 1st respondent by the impugned order dated 7.2.2013 without assigning any reason.

4. The learned counsel appearing for the petitioner argued that the petitioner being placed as senior in the Civil Judge (Senior Division) and District Judge (Entry Level) than the 2nd respondent, he is entitled to get stepping up of his pay to that of the 2nd respondent.

5. The learned counsel appearing for the respondents justified the impugned order by contending that the 2nd respondent was given ad-hoc promotion as Additional District Judge (Fast Track Court) prior to the petitioner and even though the petitioner's seniority was restored after being promoted as District Judge (Entry Level), the 2nd respondent having served as Additional District Judge (Fast Track Court) prior to the petitioner, the order of the 1st respondent is justified.

6. We have considered the rival submissions and also perused the materials available on record.

7. The admitted service particulars of the petitioner as well as the 2nd respondent is as follows:-

Thiru.R.Ramaraj Thiru.N.Ramachandran

Appointed in the Tamil Nadu State Judicial Service as Civil Judge Junior Division) now nomenclature

changed as Civil Judge 24.02.1983

21.02.1983

Promoted as Senior Civil Judge 14.03.2011 15.03.2011

Promoted as Additional District Judge (Fast Track Court) on ad-hoc basis 01.09.2008

07.05.2007

Promoted as District Judge (Entry Level) on adhoc basis