No stepping up of pay is permissible for senior officers if juniors’ pay is higher due to different rules, emphasizing pay protection over parity.

ORDER

PER: RASHMI SAXENA SAHNI, MEMBER (A)

1. The present Original Application has been filed by the applicants seeking following reliefs:-

i) Issue directions to the respondents to consider and remove the anomaly in matter of pay fixation of the applicants viz-a-viz their junior Shri H. K. Sarwata w.e.f. 22.04.2014 and to step up their pay at par with him with all the consequential benefits of arrears of pay and allowances along with interest @18% per annum from the date anomaly has arisen to the actual date of payment after quashing para 4 of order dated 26.08.2013, Annexure A-7 and impugned order dated 22.06.2017, Annexure A-10.

2. The applicants initially joined Himachal Pradesh Forest Service (HPFS) through Himachal Pradesh Public Service Commission w.e.f. 01.04.1990 and had completed 14 years of service in the said cadre on 31.03.2004. Applicants were inducted into IFS after completion of more than 18 years of service in the State Forest Service in the year 2009 w.e.f. 10.06.2009 and have been assigned 2003 as the year of allotment. They were promoted to the post of Conservator of Forests in level 13-A in the Pay Matrix vide H.P. Government Notification dated 17.02.2017 and their pay was fixed at Rs.1,31,100/- w.e.f. 17.02.2017 vide Office Order dated 04.09.2017 (Annexure A-1).

3. The applicants were further promoted to the post of Chief Conservator of Forest in Level 14 in pay matrix Rs.1,53,000/- w.e.f. 19.04.2021 vide order dated 04.07.2021 (Annexure A-2-Colly). The other batch mates of the applicants who were junior to them including Shri H.K. Sarwata continued in the State Forest Service as there was no promotional vacancy available in IFS. As per final seniority list of HPFS as it stood on 01.01.2007, the names of the applicants figure at Sr. No. 27 and 26 and that of Sh. H.K Sarwata figures at Sr. No.29 (Annexure A- 3). Shri H.K. Sarwata, who was junior to the applicants, was inducted into IFS on 22.04.2014 with 2005 as year of allotment. His name appears at Sr. No.91 of the Civil List as compared to the applicants whose names appear at Sr. No. 86 and 85 respectively. A copy of Civil List IFS (Himachal Pradesh) as on 2015 is Annexure A-4. Sh. H.K Sarwata was promoted as conservator of Forest in level 13-A w.e.f. 29.08.2019 and was further promoted as Chief Conservator of Forest w.e.f. 15.02.2022 in level 14 and retired on 31.07.2022. A copy order dated 17.10.2022 of Pay Fixation in level 14 of Sh. H.K. Sarwata is attached as Annexure A-5. Shri H.K. Sarwata while serving in the State Forest Service was drawing lesser pay than the applicants at the time of appointment of applicants to IFS, he being junior to the applicants. The pay drawn by the applicants and Shri Sarwata as on 01.04.2007, 01.04.2008 and 01.04.2009 was in the pay scale of Rs.15600-39100+7800 Grade Pay and their basic pay as on 01.04.2009 was Rs.34660/- and Rs.32450/- respectively as per Office Order No.27/2010 (E-I) dated 10.03.2010 issued by the respondent Forest Department, Himachal (Annexure A-6). After induction of the applicants into IFS, the State Government introduced four tiers pay structure (Pay scales) for HPFS officers vide letter dated 26.08.2013. These were the non-functional time bound scales without change of nature of duties and responsibilities in the cadre of HPFS (Annexure A-7).

4. At the time of induction of Shri H.K. Sarwata, to IFS on 22.04.2014 he was drawing basic pay of Rs.46000/- in the State Forest Service in Pay Band of Rs.37400-67000/- with Grade Pay Rs.8600/- because of grant of four tier pay structure (Pay Scales) to Himachal Pradesh F