Seniors entitled to pay stepping up if juniors draw higher pay due to extra promotion fixation, irrespective of cause.

ORDER

Per: Justice M.G. Sewlikar, Member (J)

By this Original Application, applicants are claiming stepping up of their pay at par with their junior.

2. Facts leading to this application are that;

2.1 All the applicants are working as Chargeman (T) (Chem) in Ordnance Factory, Chanda.

2.2 The applicants were initially appointed to the post of Danger Building Worker (DBW) (Semi Skilled) in Ordnance Factory Chanda between 1999 and 2000. As per SRO 194 of 1985, after completion of two years of probationary period, applicants were promoted to the post of DBW (Skilled) in the year 2001 and 2002. In due course of time, they were promoted to the post of HS-II Grade.

2.3 In accordance with the recommendations of 6th CPC, respondent no.1, Ministry of Defence with the sanction of President of India issued an order for restructuring of cadre of artisan staff in Defence Establishment. In compliance with the order dated 14th June, 2010 respondent no.2, Ordnance Factory Board, issued a detailed order in the matter specifically instructing that the placement of the individuals in the posts resulting from restructuring shall be made with effect from 01st January, 2006. The applicants were promoted as DBW HS-II vide order dated 25th May, 2011 w.e.f. 02nd May, 2008. On 25th May, 2011 the applicants were promoted to the post of DBW HS-I.

2.4 It is further alleged that Shri V.N. Dhumane was also appointed to the post of DBW (Semi Skilled) along with applicants and went through the same line of promotions as that of the applicants. Name of the applicants appeared between serial number 54 to 88 of the promotion order dated 25th May, 2011 and the name of Shri V.N. Dhumane appears at serial no. 89 of the said order. According to the applicants, Shri V.N. Dhumane and the applicants belong to the same cadre; and the post in which they have been promoted are identical. The applicants contend that Shri V.N. Dhumane was all along junior to the applicants.

2.5 Applicants further alleged that the next higher post for the applicants is Master Craftsman or Chargeman (T/Mech). Shri V.N. Dhumane was earlier promoted as Master Craftsman. Shri V.N. Dhumane also came to be promoted to the post of Chargeman (T/Mech) by an order dated 03rd November, 2015.

2.6 After promotion, pay of the applicants came to be fixed at Rs.10,300/- with Grade Pay of Rs.4200/- w.e.f. 01st July, 2015 as per the 6th CPC recommendations which was further revised to Rs.37,600/- with matrix level 6 as per the 7th CPC recommendations w.e.f. 01st January, 2016. As against this, pay of Shri V.N. Dhumane came to be fixed at Rs.10,130/- with Grade Pay of Rs.4200/- w.e.f. 02nd November, 2015 as per 6th CPC recommendations which was revised to Rs.37,600/- with matrix level 6 as per the 7th CPC recommendation w.e.f. 01st January, 2016. Vide FO letter dated 26th October, 2017 pay of Shri V.N. Dhumane is fixed at Rs. 41,000/- w.e.f. 01st July, 2017 whereas the pay of the applicants is fixed at Rs.39,900/- w.e.f. 01st July, 2017. Therefore, anomalous circumstance has been created and, therefore, the applicants are seeking stepping up of pay at par with their junior Shri V.N. Dhumane in terms of Rule 7(8) and (10) of CCS (RP) Rules, 2016. The applicants, therefore, made representations to respondent no.3 on 13th December, 2017. By the impugned communication dated 07th March, 2018 (Annexure A-1), respondent no.3 rejected the legitimate claim of the applicants. Hence, the applicants have filed this OA.

3. The Respondents filed their reply. They contend that all the applicants wer