Union Of India vs Manoj T. J.
2021 Latest Caselaw 6131 MP

                                    1                              MP-3182-2021
        The High Court Of Madhya Pradesh
                   MP-3182-2021
                      (UNION OF INDIA AND OTHERS Vs MANOJ T. J.)

1
Jabalpur, Dated : 28-09-2021
       Heard through Video Conferencing.
       Shri Himanshu Shrivastava, learned counsel for the petitioners.
       This miscellaneous petition has been filed against the common order
dated 26/03/2021 passed by the Central Administrative Tribunal, Jabalpur by
which the Original Applications filed by the respondents have been allowed.

The respondents were aggrieved by the fact that they have been paid lessor salary than their juniors and, therefore, they prayed for a direction to the petitioner to step up their pay at par with that of their juniors. The Tribunal had decided the three Original Applications analogously because the issues of facts and the law involved therein were identical. The Tribunal has allowed the Original Application relying on its earlier judgment dated 06/12/2012 passed in Original Application No.416 of 2008 (V.N.Mishra & Ors. vs Union of India & ors.) wherein the petitioner's Department was directed to step up the pay of those applicants at par with their juniors. However, the petitioners have

implemented the order of the Tribunal only the applicants in the case of V.N.Mishra (supra), thus, forcing the respondents to again approach the Tribunal for similar relief.

A perusal of the impugned order passed by the Tribunal indicates that the judgment passed in the case of V.N.Mishra (supra) was in fact, founded on the decision of the Chandigarh Administrative Tribunal in O.A.No.156- JK-2009 as well as in O.A.No.1063-JK-2011 wherein it was held as under :-

"9. We find that the judgments of Chandigarh Bench of the Tribunal in O.A.No.156-JK-2009 as well as in O.A.No.1063-JK- 2011 are squarely applicable to the facts of the case in the instant O.A., as these judgments are in regard to promotee officers of the 2 MP-3182-2021 Central Excise Department, seeking stepping up of their pay on the ground of grant of financial upgradation under the ACP Scheme to their juniors. In O.A. No.156-JK-2009, the Chandigarh Bench of the Tribunal has held that the respondents are directed to step up the pay of the applicant at par with his junior aforesaid and in terms

of the directions contained in the case of Harcharan Singh Sudan vs. Union of India & others (O.A.No.96-CH-2007). It is made clear that the applicant shall be given stepping up of pay only and not the pay scale, as explained above."

Aforesaid judgment of the Chandigarh Bench of the Tribunal was not only upheld by the Punjab and Haryana High Court while dismissing CWP No.12894/2010, but was also affirmed by the Supreme Court which dismissed the SLP No.7278/2011 vide order dated 02/05/2011.

In our considered view, the Tribunal was perfectly justified in allowing the Original Application filed by the respondents to direct the petitioners (herein) to step up their pay by applying the next below rule, because it is not in dispute that the respondents/ original applicants, were being paid lesser salary than some of their juniors.

We do not find any merits in this Miscellaneous Petition, which is accordingly, dismissed.

                                             (MOHAMMAD RAFIQ)                              (VIJAY KUMAR SHUKLA)
                                              CHIEF JUSTICE                                           JUDGE


                                     manju




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Date: 2021.09.29 16:56:48 IST