L. Narasimha Reddy, C.J.
1. This writ petition under Article 226 of the Constitution is filed against the order dated 24.7.2012 passed by the Central Administrative Tribunal, Patna Bench, in O.A. No. 93 Of 2007. The respondents herein filed the O.A. with a prayer to direct the appellants herein to upgrade their pay scales, to be at par with their juniors.
2. The facts of the case, in brief, are as under:
3. The respondents joined the service in the Postal Department as Lower Division Clerks between 1973 and 1980. After passing the departmental examination, they were promoted as Junior Accountants between 1977 and 1981.
4. In the Department, there existed a separate cadre of Accountants, for which the appointment was through direct recruitment. Somewhere in the year 1987, the posts of Junior Accountant, filled up through promotion of L.D.C., on the one hand and posts of Accountant, filled up through direct recruitment, on the other, were merged. For the posts so merged, the next promotion was to the post of Senior Accountant.
5. On 1.4.1987, the respondents herein, as well as the Accountants, who were directly recruited, were promoted to the posts of Senior Accountant in the pay scale of Rs. 5500-9000/-.
6. In the year 1996, the Central Government framed a Scheme, providing for grant of Assured Career Progression (ACP)'' of Pay Scale, and it came into force with effect from 1.1.1996. Rules 8 and 9 are relevant. According to those provisions, such of the employees, who did not get a second promotion in a period of 12 years, from the date of first promotion, are entitled to be extended the benefit of ACP. The Senior Accountants, whose initial appointments were as Accountants, were extended that benefit, since they did not earn second promotion within the stipulated period. The result was that though they were juniors to the respondents herein, some of them, who got the benefit of ACP, were drawing more salary. It is in this context, that the respondents approached the Tribunal with a prayer to direct the petitioners herein to upgrade their salaries to be on par with their juniors.
7. The O.A. was contested by the petitioners. Through its order dated 24.7.2012, the Tribunal allowed the O.A. Hence, this writ petition.
8. Heard Sri Kumar Priya Ranjan, learned counsel for the petitioners, and Sri Jayant Kumar Karn, learned counsel for the respondents.
9. In the service law, it is well settled that the pay scale of a senior cannot be less than the one, drawn by his junior in the same cadre. Not only rules are framed in this behalf, but also instructions are given to ensure compliance of this principle. However, certain exception, exist to this principle.
10. If the senior and junior, in a particular cadre commenced their entry into it with a uniform scale, the subsequent increase in the pay scale of a junior, on account of the reasons, which are specific to him, cannot be a factor to enhance the pay scale of the senior. For example, let it taken that the post of Superintendent in a department, started with the pay scale of Rs. 9,000-12,000/-. In case, the junior in that cadre gets an increment either for participation in sports or for undergoing family planning operation, or on account of acquisition of any superior qualification, as provided for under the rules, the senior cannot insist that the same increase must be extended to him also. Similar situation obtains in the instant case. It is also relevant to take note of the Rules 8 and 9. They read as under.-
"Rule-8: The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay scale under the ACP Scheme.
Rule-9: On upgradation under the ACP Scheme, pay of an employee shall be fixed under the provisions of FR 22(1) a (1) subject to a minimum financial benefit of Rs. 100/- as per the Department of Personnel and Training Office Memorandum No. 1/6/97- Pay. 1, dated July 5, 1999. The financial benefit allowed under the ACP Scheme shall be final and no pay-fixation benefit shall accrue at the time of regular promotion i.e. posting against a functional post in the higher grade."
11. It is not in dispute that the respondents, whose initial appointment was as Lower, Division Clerks, and the persons, who are initially appointed as Accountants, were promoted to the post of Senior Accountants in the pay scale of Rs. 5500-9000/- on 1.4.1987. However, the Accountants got a benefit in the form of A.C.P. in view of the fact that they did not earn second promotion in their career by that time. The A.C.P. was personal to them, and it is not a part of the regular pay structure, attached to the post of Senior Accountant. Therefore, the principle of "equal pay for equal work" or that the one which ordains that a senior shall not draw a lesser scale of pay than his junior; does not get attracted in such case.
12. The tribunal, however, did not maintain the subtle distinction in this behalf, and allowed the O.A. by applying the general principle.
13. In view of the facts mentioned. above, the order passed by the Tribunal cannot be sustained in law. We, therefore, allow the writ petition and set aside the order, dated 24th July, 2012, passed by the tribunal in O.A. No. 93 of 2007. Interlocutory application, if any, shall stand disposed of. There shall be no order as to costs.
