Case Note & Summary
The writ petition was filed by a petitioner employed as a P.G. Assistant at a government higher secondary school, challenging an order from the Education Department that rejected his request for stepping up his pay to match that of his junior. The petitioner was promoted to his position in 2007, while his junior was promoted later, resulting in a pay anomaly where the junior earned more despite having similar qualifications. The petitioner argued that the rejection of his pay stepping proposal was contrary to established legal principles, citing a similar case where the court directed reconsideration of a pay anomaly. The government advocate acknowledged the similarity of the cases but contended that the petitioner’s pay was consistently lower than his junior's, thus opposing the stepping up. The court analyzed the legal principles surrounding pay anomalies and the stepping up of pay, referencing relevant judgments, including one from the Supreme Court. It concluded that the petitioner was entitled to have his pay stepped up to rectify the anomaly and directed the respondents to re-evaluate the proposal, ensuring the petitioner received the appropriate pay and arrears from the date of filing the writ petition. The court allowed the writ petition, quashing the impugned order and mandating action within twelve weeks.
Headnote
A) Employment Law - Pay Anomaly - Stepping Up of Pay - Article 226 of the Constitution of India - The court held that when a senior employee's pay is lesser than that of a junior due to promotion timing, the principle of stepping up applies to rectify the anomaly. The court directed the respondents to reconsider the proposal for stepping up the petitioner's pay to match that of his junior, effective from the date of the anomaly (Paras 11-12).
Issue of Consideration
Whether the petitioner is entitled to stepping up of pay on par with his junior due to pay anomaly.
Final Decision
The court allowed the writ petition, quashed the impugned order, and directed the respondents to reconsider the proposal for stepping up the petitioner's pay to Rs.22,260/- effective from 30.12.2010, granting all benefits and arrears from the date of filing the writ petition.
Law Points
- Writ of Certiorarified Mandamus
- pay anomaly
- stepping up of pay
- equal pay for equal work
- Fundamental Rules
