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2026 Supreme(Online)(CAT) 6926
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Bushan Lal Pandita – Appellant
Versus
State of J&K – Respondent
Transfer Application No. 96/2023
For the Appellants/Petitioners: Anoop Parihar
For the Respondents: Rajesh Thapa
The government cannot restrict the removal of an admitted pay anomaly to a prospective date if such restriction results in arbitrary, discriminatory, and unequal treatment toward employees who suffered the anomaly during the preceding period.
Headnote:The case involves a challenge to the prospective application of pay scale upgrades for police personnel. The applicants, retired police officers, sought to quash the prospective condition of Government Order No. 229-F of 2014, arguing that the pay anomaly originated in 1996 with the implementation of revised pay rules. The court determined that limiting the removal of an admitted pay anomaly to a prospective date while denying retrospective relief to those who suffered the imbalance is arbitrary and violative of equality, directing the respondents to grant the benefit from the actual date of entitlement. The core issue is whether the government can restrict the correction of an admitted pay anomaly solely to a prospective operation. The court held that once an anomalous pay structure is acknowledged to have existed since the implementation of pay revisions, denying retrospective correction to those who served under those conditions while treating them differently from their successors is unreasonable and discriminatory. The ratio is that policy decisions relating to pay scales cannot be used to perpetuate an admitted, prolonged financial disadvantage to a class of employees. The Transfer Application is allowed, the prospective condition is quashed, and the respondents are directed to refix the applicants' pay and pensionary benefits accordingly within three months.
| Table of Content |
|---|
| 1. historical development of the pay anomaly case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. applicants' contention regarding prospective vs retrospective entitlement. (Para 8 , 9 , 10) |
| 3. respondents' defense based on cabinet decisions and policy discretion. (Para 11 , 12 , 13 , 14 , 15) |
| 4. court's reasoning on the arbitrariness of prospective-only benefits for admitted anomalies. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. final directions for the implementation of retrospective pay and pension adjustments. (Para 29 , 30 , 31 , 32 , 33) |
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The SWP No.1136/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.96/2023 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
a) allow the present writ petition;
b) quash condition (v) of Govt. Order No.229-F dated 17-10-2014 issued by the Government to the extent up-gradation of pay scales attached to the posts of Head Constable and A.S.I from 4300-5900 to 1500-7000 (5200-20200 + G.P 2800) and 4500-7000 to 5000-8000 (9300-34800 + G.P 4200) has been ordered prospectively only.
c) command the respondents to upgrade the pay scales attached to the post of Head Constable and Assistant Sub Inspector of Police from 4300-5900 to 4500-7000 (5200-20200+G.P 2800) and 4500-7000 to 5000-8000 (9300-34800 + G.P 4200) respectively w.e.f 01.01.1996 i.e. the date since when anomaly in the grade came into being;
d) command the respondents to place before the Hon'ble court the recommendations of the pay anomal committee constituted vide Govt. Order No. 138-GAD of 2009 dated 08-10-2009 and revived vide G.O No. 67-GAD of 2012 dated 16-01-2012;
e) command the respondents to grant the revised pay scale retrospectively with all consequential benefits including monetary benefits;
f) command the respondents to issue revised last pay certificate in favour of the petitioners after the revision of their pay scales and consequentially the revision of pensionary benefits of the petitioners;
g) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.
3. The present Transfer Application has arisen out of SWP No. 1136/2017, which was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu to this Tribunal and was registered as T.A. No. 96/2023. The applicants are retired police personnel of the Jammu & Kashmir Police Department and have approached this Tribunal seeking quashing of condition No. (v) of Government Order No. 229-F of 2014 dated 17.10.2014, to the extent the benefit of upgradation of pay scales attached to the posts of Head Constable and Assistant Sub-Inspector has been restricted prospectively only. The applicants seek a direction to the respondents to extend the upgraded pay scales from the date the anomaly came into existence, i.e., 01.01.1996, with all consequential benefits, including revision of last pay certificate and pensionary benefits.
4. The applicants have pleaded that they served the Police Department in different wings, including Executive Police, Armed Police and Home Guards, and retired from different ranks, including Head Constable and Assistant Sub-Inspector. According to them, the pay anomaly had its origin in the implementation of the recommendations of the 5th Pay Commission through the Jammu & Kashmir Civil Services Revised Pay Rules, 1998 issued vide SRO 18 dated 19.01.1998, which were made effective from 01.01.1996. It is their case that after the said revision, an anomalous and irrational pay structure came into existence in the non-gazetted ranks of the Police Department, particularly in the ranks of Selection Grade Constable, Head Constable and Assistant Sub-Inspector. The applicants have contended that a Constable, after earning first in-situ promotion on completion of nine years of service,
