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S.TALAPATRA, S.G.CHATTOPADHYAY
Bidyut Kr. Deb S/o Late Bhupendra Ch. Deb – Appellant
Versus
State of Tripura – Respondent
ORDER :
1. This intra-court appeal is directed against the judgment of the learned Single Judge dated 10.07.2020 delivered in W.P. (C) No. 1303 of 2017 titled as Bidyut Kumar Deb vs. State of Tripura and Another.
2. The appellant filed the writ petition challenging the memorandum dated 17.07.2017 [Annexure-7 to the writ petition] whereby the stepping up of pay as provided by the memorandum under No. F.1(171)/STAT/ESTT/99/4693-4694 dated 18.08.2015 has been recalled by observing as follows:
It has been provided that the so called junior officers got promotion earlier than that of the appellant by virtue of the accelerated promotion. As consequence thereof, under the rule of reservation, junior officers have become senior to the appellant or the simil
Service Law - Stepping up of pay - Appellant was not senior to said officers in post of Investigator, he is not entitled to stepping up of pay in terms of Rule 14(6) read with Rule 14(6B) of ROP Rule....
Seniors are entitled to pay parity with juniors unless the junior's higher pay is due to advance increments or similar exceptions, which were not established in this case.
The main legal point established in the judgment is that the stepping up of pay of a senior at par with the pay being drawn by his junior is the norm, and it should be granted unless the pay disparit....
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.
Stepping up of senior's pay allowed when anomaly arises from junior's FR 22(I)(a)(1) option, despite pre-2006 ACP, in same cadre with identical scales.
Stepping up of senior's pay denied due to different cadres, no FR 22 anomaly, diverse promotions/ACP.
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
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