Case Note & Summary
The writ petition was filed by the petitioner, a P.G. Assistant at a government higher secondary school, challenging an order dated 02.07.2022 regarding pay anomaly compared to his junior. The petitioner was awarded selection grade in 2007 and promoted to P.G. Assistant in 2007, while his junior was promoted later in 2008. The petitioner contended that despite his seniority, his pay was lower than that of his junior, leading to a representation to the department. The first respondent rejected the proposal for stepping up the pay, prompting the petitioner to seek judicial intervention. The court noted that the case was similar to a previous judgment where the principle of stepping up was upheld, and the learned Government Advocate acknowledged the similarity of facts. The court analyzed the relevant judgments, including one from the Supreme Court, which established that pay anomalies should be rectified to ensure that seniors are not paid less than juniors without valid reasons. The court found that the petitioner possessed the same qualifications as his junior and that the pay discrepancy arose from the implementation of revised pay rules rather than any special qualifications of the junior. Ultimately, the court allowed the writ petition, quashing the impugned order and directing the respondents to step up the petitioner's pay to match that of his junior, effective from 30.12.2010, and to grant him arrears from the date of filing the writ petition. The court ordered the respondents to complete this exercise within twelve weeks.
Headnote
A) Constitutional Law - Writ Jurisdiction - Pay Stepping Up - Article 226 of the Constitution of India - The court examined the principle of stepping up of pay where a senior's pay is lesser than that of a junior, emphasizing the need to rectify pay anomalies to uphold equal pay for equal work. The court directed the respondents to reconsider the proposal for stepping up the petitioner's pay in light of the established legal principles (Paras 6-11).
Issue of Consideration
Whether the petitioner is entitled to stepping up of pay on par with his junior.
Final Decision
The court allowed the writ petition, quashed the impugned order, and directed the respondents to step up the petitioner's pay to Rs.22,260/- effective from 30.12.2010, granting him all benefits and actual arrears from the date of filing the writ petition.
Law Points
- Writ jurisdiction
- pay anomaly
- stepping up of pay
- equal pay for equal work
- Article 39(d) of the Constitution of India
