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AKIL KURESHI
Rajesh Shil – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. common factual background of the case. (Para 1 , 2) |
| 2. petitioner's claim of pay anomaly. (Para 3 , 4) |
| 3. government's opposition to the claim. (Para 5 , 6) |
| 4. legal basis for pay stepping up. (Para 7 , 8) |
| 5. conditions and justification for pay anomaly. (Para 9 , 10 , 11) |
| 6. final dismissal of petitions. (Para 12) |
ORDER
1. These petitions arise in common background and involve similar facts. They have been heard together and would be disposed of by this common judgment. For convenience, we may refer to facts from WP(C) No. 1256 of 2019.
2. Petitioner was appointed as Assistant Teacher (Post Graduate) in a Grant-in-Aid School on 14.02.2007. As per the Government policy initially for a period of five years, he was granted fixed pay @ Rs.3,250/-per month. After completion of the period of five years, he was brought over to the regular scales. Under ROP 2009, he was granted the benefit of First Assured Career Progression referred to as ACP-I upon completion of 10 years of service without promotion. Accordingly, by an order dated 20.05.2017 he was granted benefit of first ACP with effect from 16.02.2017 i.e. 10 years from the date of his joining the service. Before grant of
Inconsistent employment statuses disallow consideration for pay stepping up; claims must adhere to specific statutory provisions and conditions.
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.
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
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....
Rule 21 of the Gujarat Civil Services (Pay) Rules, 2002, does not apply when the pay anomaly is not a direct result of its application, particularly when the higher pay of juniors is due to prior ad ....
Seniors are entitled to stepping up of pay to match juniors when an anomaly arises due to pay fixation schemes, as established by precedent.
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....
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
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