The pay drawn in the immediate lower post is the basis for rectifying pay anomalies, not initial qualifications at the time of appointment.

J U D G M E N T

(Delivered by R. SUBRAMANIAN, J.)

Aggrieved by the order of the writ Court dated 03.04.2024 made in W.P.No.2674 of 2022 directing the appellants to step up the pay of the respondent on par with the pay drawn by his junior one Mr.R.Venkatesan, the appellants are on appeal.

2. The facts that lead to the filing of the writ petition are as follows:

2.1. Both the respondent/writ petitioner and one Mr.R.Venkatesan were appointed as Grade-II Police Constables on the same date i.e., 17.03.1986. They were promoted as Havildars on 18.03.1994. On the date of promotion as Havildars, the scales of pay of both Mr.R.Venkatesan and the respondent were one and the same. Thereafter, both of them were promoted as Sub-Inspector of Police on 18.03.2003 and their pay was fixed at Rs.5,300/- at the same level. Both of them were qualified for promotion to the post of Inspector of Police on 01.01.2011.

2.2. While the respondent accepted the said promotion and became an Inspector with effect from 01.01.2011, the junior viz., Mr.R.Venkatesan relinquished his promotion and remained as a Sub-Inspector. In the rank of Sub-Inspector, Mr.R.Venkatesan was moved to Selection Grade on 18.03.2013, which resulted in two increments being granted to him and his pay was fixed at Rs.20,470/- with effect from 18.03.2013.

2.3. The pay of the respondent who was holding a higher post as on 18.03.2013, remained as Rs.20,260/-, i.e., 210 rupees lesser than the pay drawn by his junior who was in the lower post, as on that date. Subsequently, Mr.R.Venkatesan was promoted as Inspector on 17.07.2017, on which date, his pay was fixed at Rs.64,300/-. The said Venkatesan took voluntary retirement on 31.01.2018, on which date, his basic pay was Rs.64,300/-. The respondent retired by superannuation on 31.10.2017 and his last drawn pay was Rs.60,600/-

2.4. Finding that there was an anomaly in his pay, the respondent sought clarification of the anomaly as per G.O.(Ms.)No.25 Personnel and Administrative Reforms (FR.IV) Department, dated 23.03.2015 (in short “G.O.25”). His request was rejected on the ground that his junior viz., Mr.R.Venkatesan had higher qualification at the time of his appointment viz., 10^th standard pass. Whereas, the respondent had passed only 8^th standard and therefore, the said Venkatesan was granted a higher pay and as such, there is no anomaly.

2.5. The writ Court rejected the claim of the appellants and concluded that the respondent would be entitled to a higher pay equal to that of Mr.R.Venkatesan and allowed the writ petition directing the appellants to rectify the anomaly and fix the pay of the respondent on par with that of his junior Mr.R.Venkatesan with effect from 17.07.2017. The consequential benefits of revision of pension was also granted.

3. Mr.P.Kumaresan, learned Additional Advocate General appearing for the appellants would vehemently contend that the anomaly arose because of the fact that Mr.R.Venkatesan was given a higher pay even at the time of his initial appointment, in view of the fact that he had better qualification viz., 10^th standard pass, whereas, the respondent was only an 8^th standard pass.

4. Contending contra, Mr.A.R.Balaji, learned counsel appearing for the respondent would submit that as per G.O.25, it is the pay which was drawn by the junior in the cadre which both the junior and senior held before promotion should alone be taken into account and not the pay that was fixed at the time of entry into service as Police Constable Grade-II. The learned counsel would also draw our attention to the concluding portion of G.O.25 which reads as follows:

“5. The Government direct that in cases where Government servants who have been appointed / promoted to higher posts without moving to Selection Grade /Special Grade in the lower post and there by happen to draw less pay than their junior who are appointed / promoted to the higher posts after moving to the Selection Grade / Special Grade of the lower post, in the revised scales of pay