Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differentials with juniors.

ORDER

By Dr. Chhabilendra Roul, Member (A)

The present OA has been filed by the applicant under section 19 of the Administrative Tribunal, 1985 seeking the following relief:

“i. Quash and Set Aside Impugned Orders dated 07.06.2021, 21.07.2022, and 18.11.2022 of the respondents .

ii. Respondents be directed to re-fix the pay of the applicant to Rs.13,950 in Pay Band-2, with Grade Pay of Rs.4,800, effective from 01.01.2006.

iii. pass any other relief that this Hon’ble Tribunal may consider fit in the interest of justice.”

2. Factual Matrix

2.1 The applicant joined as Direct Section Officer with Respondent No.1 with effect from 12.05.1998 as per the service record (additional Affidavit filed by Respondent No.1 on 7.11.2024). Subsequently, vide order dated 28.10.2002, respondents terminated the services of the applicant as Section Officer because he failed to qualify Part-I & Part -II of SOGE (C). However, the applicant and similarly placed employees were offered the downgraded post of Auditor. Vide order dated 11.10.2002 the applicant joined as Auditor. Thereafter, vide order dated 13.02.2004, Respondent No.1 promoted the present applicant to the post of Section Officer in the pay scale of Rs.6500-200-10,500. The applicant joined as Section Officer on 19.02.2004.

2.2 On the recommendations of the 6th CPC, (Chapter 7.56.9), the Union Government merged the posts of Section Officer and Assistant Audit/Accounts Officer and brought their pay at the same level in pay Scale of Rs.7500-12,000 in PB-2 with effect from 01.01.2006. The Pay scales as applicable are governed by Central Civil Services (Revised Pay) Rules, 2008. The revised pay of the applicant was fixed as per 6th CPC recommendations at Rs.12,840/- with grade pay of Rs.4800/- applicable to SO/AAO.

2.3 The applicant, after submitting technical resignation, joined Respondent No.3 as Deputy Director in the year 2013.

2.4 Prior to that, one Shri Raghesh Kumar Singh, Junior Auditor got promotion to the rank of AAO/SO with effect from 02.01.2006 and he was granted pay of Rs.13,950 plus Grade Pay Rs.4800/- w.e.f. 02.01.2006. Applying the principle of stepping up of pay at par with juniors, the respondent No. 3 granted upgraded pay at Rs.13,950+GP Rs.4800/- to 15 AAOs including the present applicant. However, Respondent No.3, allegedly re-examined the case and found that the conditions mentioned for stepping up of pay of senior at par with junior were not met in case of these AAOs. Respondent NSoU.1N vIidTeA O 2rd02e6r. 0d3a.2t3e d 07.06.2021 withdrew the said stepping up of pay and ordered recovery of any excess payment granted to the applicant and similarly placed employees. Being aggrieved, the applicant filed the present OA seeking aforementioned relief.

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed his rejoinder.

4. Submission by Learned Counsel for the applicant:

4.1 Learned counsel for the applicant states that the withdrawal of fixation of pay vide order dated 07.06.2021 is contrary to the rule position and the settled law in this regard. He stated that this matter is no more res integra, as the Coordinate Bench of this Tribunal at Ernakulam in OA No.133/2013, order dated 30.11.2015 and OA No. 180/00376/2017 dated 14.09.2022 has examined the issue of stepping up pay of senior AAOs, who were promoted as AAOs/SOs prior to 01.01.2006 with those juniors who were promoted as AAOs after that date.

4.2 Order dated 30.11.2015 in OA No.133/2013 of the Coordinate Bench at Ernakulum was challenged by the respondents before the High Court of Kerala at Ernakulum in OP (CAT) No.151/2016. The Hon’ble