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2024 Supreme(Online)(CAT) 12851

CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, J, Anand S. Khati, A
Vijay Kumar – Appellant
Versus
Director General Indian Council of Medical Research – Respondent


Advocates:
For the Appellants/Petitioners: Prem Chand, Chander Bhan
For the Respondents: Shashwat Sharma, Ravi Dudani

Table of Content
1. seniority and pay fixation history creates anomaly. (Para 2 , 3)
2. fr 22 entitles stepping up for pay parity. (Para 4 , 5)
3. limitation and estoppel arguments rejected. (Para 6)
4. no dop&t exceptions; senior entitled to parity. (Para 7 , 8 , 9 , 10 , 11)
5. pay refixation and arrears ordered. (Para 12)

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

The present O.A. has been filed by the applicant, who retired as Section Officer from the respondent – Indian Council of Medical Research (ICMR), challenging the order dated 31.08.2021, whereby the respondent has not acceded to his request for stepping up of pay at par with his junior, viz., Mr. D.R. Paunikar, Section Officer.

2. At the outset, learned counsel for the applicant submitted that the applicant is not challenging the seniority list but only seeking stepping up of pay at par with his junior, Mr. D.R. Paunikar.

3. The brief facts of the case, as narrated by the learned counsel for the applicant, are that the applicant had initially joined as LDC on 14.08.1986 in the pay scale of Rs.3050-4590 (pre-revised) in the ICMR Headquarter, New Delhi and promoted as UDC w.e.f. 01.05.1995, whereas Shri D.R. Paunikar, who belongs

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