The determination of a cut-off date for the rectification of pay anomalies is a policy decision within the employer's expert domain. Courts should refrain from interference unless the decision is manifestly arbitrary. Review jurisdiction is strictly limited to correcting errors apparent on the face of the record and is not an appeal.

JUDGMENT :

Heard Mr. Kumar Harsh, learned counsel for the petitioners, Mr. Radha Krishna Gupta, learned Central Government Counsel and Mr. Bibhash Sinha, learned counsel appearing for the respondent SAIL.

2. In these applications, the petitioners have prayed for review of the order dated 02.02.2021 passed in W.P.(S) No.2663/2019, W.P.(S) No. 2125/2019, W.P.(S) No. 2689/2019 and W.P.(S) No.2702/2019.

3. It is the case of the review petitioners that they were working in different departments of Bokaro Steel Plant in non-executive cadre and they were promoted to the post of Junior Officer in the executive cadre as per the promotion policy of SAIL through a selection process. The applicants being successful in the selection process were appointed as Junior Officers in the executive cadre from the non-executive cadre in two batches i.e. 2008 and 2010. The promotion in the executive cadre was given on 27.03.2009 but notionally from 30.06.2008 and some of them were promoted on 28.12.2010 but notionally from 30.06.2010. In the case of non-executives, the periodicity of wage revision was 5 years. After the expiry of the wage revision tenure from 01.01.2007 to 31.12.2011 with the implementation of revised pay scales w.e.f. 01.01.2012, the basic pay of the non-executives as on 01.01.2012 became more than that of the executives as 100% D.A was merged for the non-executives whereas in case of executives, the 2007 salary structure continued. It is the case of the review petitioners that before promotion to the post of Junior Officers, they received the wage revision benefits of 21% minimum guaranteed benefits as non-executives from 01.01.2007 but after promotion as Junior Officers, they have not been paid the 10 years pay revision benefits like 30% minimum guaranteed benefits for executives as prescribed in 10 years pay revision benefit scheme meant for the executive cadre from 01.01.2007 to 31.12.2016. The non-executive employees who were the batch mates of the juniors to the review petitioners, again received 17% minimum guaranteed benefits on and from 01.01.2012 under the 5 year wage revision tenure meant for the non-executive cadres as a result of which the review petitioners, despite being in the higher post as executives, were getting lesser pay than their batch mates/juniors in the non-executive cadre. On representation having been received with respect to the anomaly, an order was issued on 29.12.2015 in which the difference between the present salary of non-executive employees and the affected executive employees was met by granting additional amount to the affected executive employees who had raised the issue of anomaly. It was also mentioned therein that the additional fixed amount shall be granted to the affected executives from a prospective date i.e. 01.01.2016 and the said amount shall not be counted for any other purpose for calculating any other benefits. Being aggrieved with the cut-off date being fixed as 01.01.2016 to extend the additional benefits to remove the anomaly and not from the date when such anomaly occurred, the review petitioners had preferred an application before the Learned Central Administrative Tribunal, Kolkata in O.A. No. 350/2017 along with other analogous applications, but the same were not entertained on the ground of jurisdiction and vide order dated 04.01.2018, the applicants/review petitioners were directed to approach the Central Administrative Tribunal, Patna Bench,Circuit Sitting at Ranchi. Consequent to the same, the petitioners had approached the Central Administrative Tribunal, Patna Bench, Circuit Sitting at Ranchi in O.A./051/00214/2018 and its analogous cases and the same were disposed of on 09.01.2019 by quashing