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CENTRAL ADMINISTRATIVE TRIBUNAL
Lata Baswaraj Patne, Member (Judl.), Varun Sindhu Kul Kaumudi, Member (Admn.)
A.K. Khan, IPS – Appellant
Versus
Union of India represented by Secretary DOPT, Ministry of Personnel – Respondent
| Table of Content |
|---|
| 1. applicant's claim for salary parity with junior dgp. (Para 1 , 2) |
| 2. applicant's arguments invoking next below rule and precedents. (Para 3 , 4 , 5) |
| 3. respondents' defense: apex scale post-specific, selection post. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court hears arguments, verifies facts and dpc records. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. precedents from cat benches upholding next below rule. (Para 20) |
| 6. next below rule mandates senior's pay parity with junior. (Para 21 , 22) |
| 7. quash rejection, direct salary and pension refixation. (Para 23 , 24 , 25) |
ORAL ORDER
(Per Hon’ble Dr. Lata Baswaraj Patne, Member (Judl.)
1.The applicant has filed this OA, seeking the following relief:-
“1) To Set aside the Government of India, Ministry of Home, vide No.16011/15/2016 IPSII dated 3-11-2016 as being illegal, violative of Articles 14 and 16 of Constitution of India and also the Orders of the Hon'ble Supreme Court of India;
2) Direct the Respondent No.3 to re-fix the salary of the applicant in fixed grade of Rs.80,000/- from 13-11-15 when the salary of his junior R-4 was fixed in fixed grade of Rs.80,000/-;”
2. The case of the applicant, who, belongs to 1981 batch of Indian Po
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