Seniors entitled to pay stepping up under FR 22 once juniors promoted to identical post/scale, despite initial CDA-IDA fixation anomaly.

O R D E R

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

1.The applicant was working as a Telecom Mechanic in Bharat Sanchar Nigam Limited (BSNL), Calicut SSA, and retired from service on 30.06.2012 after rendering 35 years of service. He initially entered service under the Department of Telecommunications (DoT) on 02.05.1977. It is submitted that with effect from 01.10.2000, the DoT was corporatized into Bharat Sanchar Nigam Limited (BSNL), a Public Sector Undertaking wholly owned by the Government of India. Consequent upon such corporatization, the pay scales of employees were converted from the Central Dearness Allowance (CDA) pattern to the Industrial Dearness Allowance (IDA) pattern. This conversion resulted in anomalies due to point-to-point fixation in the IDA scales, whereby employees holding similar posts and drawing pay in the same pre-revised scale were fixed at different stages in the revised scale. Prior to the formation of BSNL, the applicant had already been promoted as Telecom Mechanic under the DoT.

2. It is further submitted that after the formation of BSNL, an agreement dated 26.04.2002 was entered into between the Board of Directors of BSNL and the Unions representing its employees, governing inter alia the pay scales applicable to Group ‘C’ and Group ‘D’ employees. Pursuant to the said agreement, the 1^st respondent issued Office Order dated 07.08.2002 introducing IDA pay scales with retrospective effect from 01.10.2000, replacing the existing CDA scales for Non-Executive staff absorbed from DoT/DTS/DTO. The said Office Order is produced as Annexure A-1. As per Clause 2(g) of Annexure A-1, pay fixation in the corresponding IDA scales was to be done on a point-to-point basis, with a specific assurance that any anomalies, aberrations, hardships, or difficulties arising out of such fixation would be examined and settled sympathetically upon being brought to notice.

3. The applicant was drawing a basic pay of Rs.4200/- in the CDA scale of Rs.4000-100-6000, which was fixed at Rs.6020/- in the corresponding IDA scale of Rs.5700-160-8100 with effect from 01.10.2000. However, several of his juniors, who were drawing lesser pay in lower CDA scales, were fixed at higher stages in the IDA scales. For instance, certain Line Men, who were juniors to the applicant and were drawing Rs.4050/- in the CDA scale of Rs.3200-85-4900, were fixed at Rs.6220/- in the IDA scale of Rs.4720-150-6970, thereby receiving more increments under the point-to-point fixation method. In contrast, the applicant, despite being in a higher pre-revised scale and holding a promotional post, was fixed at a lower stage of Rs.6020/- in the IDA scale of Rs.5700-160-8100. This resulted in a clear anomaly wherein juniors, who had not even been promoted as Telecom Mechanics prior to 01.10.2000, were drawing higher pay than the applicant in the revised scale. The anomaly was further aggravated when such juniors were subsequently promoted as Telecom Mechanics after 01.10.2000. The applicant repeatedly submitted representations seeking rectification of the anomaly and stepping up of his pay on par with his juniors. A comparative statement showing the disparity between the applicant and his junior Shri.Mohanbabu is produced as Annexure A-2. Despite multiple representations, no remedial action was taken by the respondents. It is further submitted that from May 2010 onwards, the applicant’s juniors continued to draw higher basic pay than him in the same IDA pay scale of Rs.12520-23440, compelling him to submit repeated r