Anil Kumar D And ORS v. Union Of India And ORS



 
        
  


      


















   

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 <2. As it has been stated that acquiring the CME diploma by an individual is not sufficient for promotion to the grade of EM 2 or BR 2 and the grade pay of Rs.4200/ is incidental only on assumption of promotion to the grade of EM2 or BR 2 etc and not on more acquiring of Diploma from CMEs& is therefore opined that in such cases the promotion earned by an individual in the grade of EM 2 or BR 2 on acquiring Diploma from CME should be counted as first financial up gradation and such individuals should now be considered for 2d and 3d MACP only. However the recruitment rules

( of the posts of the individuals regarding qualifications and next hierarchy of the posts may also be taken into consideration while granting financial up gradation under MACPS.

3. In this regard please also refer to the clarification given under this office letter no. even dated 26.12.2011 (copy enclosed).= &3

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13. Something may be said with regard to Mr. Chhabra's submissions about the difference in increment in the scales which the appellant No. 1 and Shri Shori are placed, but the same is still contrary to the settled principle of law that a senior cannot be paid lesser salary than his junior. In such circumstances, even if, there was a difference in the incremental benefits in the scale given to the appellant No. 1 and the scale given to Shri Shori, such anomaly should not have been allowed to continue and ought to have been rectified so that the pay of the

) appellant No. 1 was also stepped up to that of Shri Shori, as appears to have been done in the case of the appellant No. 2.= &2






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6. Therefore, it was a case where a junior was drawing more pay on account of upgradation under the ACP Scheme and there was an anomaly and therefore, the pay of senior was required to be stepped up. Hence, in the facts and circumstances of the case, the High Court has rightly directed the appellants herein to step up the pay of the original writ petitioners keeping in view of pay scale which has been granted to the juniors from the date they have started drawing lesser pay than their juniors. We are in complete agreement with the view taken by the High Court. No interference of this Court is called for.

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 Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No