Stepping up of senior's pay allowed when anomaly arises from junior's FR 22(I)(a)(1) option, despite pre-2006 ACP, in same cadre with identical scales.

ORDER

By Dr. Chhabilendra Roul, Member (A)

1.The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“(i) To grant stepping up of pay to the Applicant, CSL No.170/1982 to the level of Junior CSSS Stenographer, Shri Jai Bhagwan (Steno Grade 'D', CSL No.1244/1992) who was drawing pre-revised Basic Pay of Rs.5100/- in the pre-revised Scale of Pay of Stenographer Grade 'D' Rs.4000-100-6000 as on 01.01.2006 and his Basic Pay was fixed at Rs.5500/- in the pre-revised Scale of Pay of Personal Assistant Rs.5500-175- 9000 which had been revised to Rs.9300-34800 (PB-2) and thus his Pay in PB-2 was refixed as on 01.01.2006 at Rs.13860/- (Band Pay) and Rs.4600/- (Grade Pay) whereas Applicant's pre- revised Basic Pay as on 01.01.2006 was Rs.6900/- in the pre- revised Scale of Pay of Rs.5500-175-9000 and had been refixed as on 01.01.2006 at Rs.12840/- only in the revised Scale of Pay of Rs.9300-34800 (PB-2). There is a huge gap of Rs.1,020/- per month in Band Pay alone, which further escalates and comes to Rs.2,111/- per month (on allowing Dearness Allowance at current rate which as on date is 107%);

(ii) To grant arrears of revised pay from 01.01.2006 to 31.10.2013 (Date of Retirement);

(iii) To revise Last Pay Drawn and accordingly revise Basic Pension, Commuted Pension, Gratuity Amount and any other consequential, and pay arrears of all Pensionary Benefits and Monthly Pension (w.e.f. 01.11.2013);

(iv) To pass any other Order(s) as deemed fit and proper in view of the circumstances of the case;

(v) To award cost.”

2. Factual Matrix

2.1 The applicant joined as LDC in the Department of Industrial Development, Govt. of India on 03.11.1979. He was appointed as Stenographer ‘D’ in the same department on 01.01.1981 on ad hoc basis. Based on LDCE he was appointed as regular Stenographer ‘D’ on 28.04.1982. He was granted 1st Assured Career Progression (ACP) benefits on 09.08.1999 in the pay scale of Rs.5500-9000. The applicant came to know that the pay of his junior Shri Jai Bhagwan (CSL 1284/1992) was refixed at Rs.13,860 in the revised pay scale of Rs.9300-34800 vide order dated 09.02.2011. However, his pay scale was fixed at Rs.12,840 under the same pay scale. The applicant submitted written representation to Under Secretary (Admn.) to forward his case to DOP&T on 18.02.2013, followed by reminders on 30.10.2013 and 07.11.2014. As the respondents did not respond to his representation, he filed the present OA seeking the aforementioned relief.

3. Pursuant to the notices issued by the Tribunal, the respondents entered appearance and filed their reply, to which the applicant has also filed his rejoinder.

4. Submission by learned counsel for the applicant

4.1 The learned counsel for the applicant refers to OM dated 31.05.2011 vide which the DOP&T directed all cadre Units of CSSS to step up the pay of Senior PAs of CSSS appointed/promoted prior to 01.01.2006 at par with that of Steno grade ‘D’ of any Ministry/Departments promoted as PAs after 01.01.2006. Similarly, he refers to OM dated 25.01.2012 issued by the DOP&T which reiterated the same position as mentioned in OM dated 31.05.2011. Again, the DOP&T further clarified the same position vide their OM dated 19.04.2012.

4.2 The learned counsel for the applicant states that the juniors to the applicant were getting more pay than him as on 01.01.2006. He states that as per CSL of 1982 the seniority of the applicant was at serial No.170/1982, whereas Sh. Jai Bhagwan was at serial No.1244/1992. Similarly, SMTP Mona Shori was at CSL No.1080/1990, one Smt. Shashi Bala Chhat