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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. JUSTICE R. SUBRAMANIAN, Mr. JUSTICE G. ARUL MURUGAN, JJ
Additional Director General of Police – Appellant
Versus
K. Anbalagan – Respondent
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 re
The pay drawn in the immediate lower post is the basis for rectifying pay anomalies, not initial qualifications at the time of appointment.
The main legal point established is that a senior cannot be paid lesser salary than the junior, and the department is bound to step up the pay of the senior on par with his junior for the purpose of ....
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
Pay anomalies must be rectified through stepping up senior salaries to match juniors under similar qualifications, ensuring equal pay for equal work.
Pay anomaly where senior draws less than junior due to advanced increments for Ph.D. at different pay scales must be rectified by stepping up senior's pay from date anomaly arose, per Supreme Court p....
The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.
Senior's pay must be stepped up to match junior's in same cadre/identical posts when anomaly arises from FR 22(I)(a)(1) application and pay fixation options, per DOP&T guidelines.
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