Promotees entitled to direct recruit entry pay if recruitment rules provide for direct recruitment, correcting pay anomaly.

ORDER

PER: URMITA DATTA (SEN), MEMBER (J):

The applicants state that the cause of action of the applicants is same and as such they pray for filing the common application under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987. Prayer is allowed.

2. This application has been preferred to seek the following relief:

“i) Fixation of pay of the applicants as Assistants in the Pay Band 2 (Rs.9300-34800) Rs.12540/- with Grade Pay of Rs.4600/- w.e.f. the date of Promotion to the post of Assistant i.e. 14.11.2011 at par with the entry pay for direct recruits on or after 1.1.2006, as mandated by OM dated 28.09.2018 para 8 in particular (Annexure - 1).

(ii) Arrears be paid consequent upon the granting of prayer (i) above.

(iii) Any other relief or reliefs, the Hon’ble Tribunal is pleased to grant including cost of the case.”

3. The applicants were appointed as LDC on February, 1991 and were promoted as UDC on 21.06.2000 and 01.08.2001 respectively and has been subsequently promoted to the post of Assistant on 14.12.2011 and their pay has been fixed at Rs. 11,110/- with GP Rs. 4600/- and Rs. 10660/- with GP Rs. 4600/- respectively. Such promotion to the post of Assistant was having a provision of Direct recruitment along with promotee as per the Recruitment Rules.

3.1. Under First Schedule Part A Section II of the CCS (Revised Pay) Rules, 2008, the entry pay in the revised pay structure in PB-2 (Rs. 9300-34800) for the direct recruits appointed on or after 01.01.2006 against Grade pay Rs. 4600/- has been mentioned as Rs. 12,540/-, total being Rs. 17,140/- whereas for the promotees promoted to the post of Assistants after 01.01.2006, their pay is fixed terms of Rule 13 of the CCS(Revised Pay) Rules, 2008 which has cause anomaly with lesser pay than that of the entry pay for direct recruits. Being aggrieved with, promotee seniors i.e the Assistants had approached the Central Administrative Tribunal, Principal Bench, New Delhi in O.A 3217/2014 which was disposed of holding that none of the applicants pay is fixed at a stage lower than the Pay of the Direct Recruit appointed on or after 1.1.20006. Against which, the respondents had approached the Hon’ble High Court of Delhi in WP(C) 2634/2017 and subsequently Hon’ble Apex Court in Diary no. 23663/2017, wherein the Hon’ble Apex Court had directed the Government to immediately look into the matter and issue appropriate Orders by confirming the order of the Principal Bench.

3.2. Accordingly, the President was pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 has been revised under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS (RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006. The said decision of the President of India has been Circulated by Office Memorandum dtd. 28th September, 2018 of the Ministry of Finance, Department of Expenditure (Annexure A-1 & A-2).

3.3. As in the