Bangalore—
Today CC in case of Madhav Murthy on issue of stepping up of pay based on order of SLP dated 06.04.2022 came up for hearing and HC Bengaluru imposed cost of Rs
10000/- each on Chaiman and Commissioner and directed department to implement within 15 days in CCC no.921/2022.
In this case the petitioner Mr Madhav Murthy & another had represented for stepping up of their pay with reference to their junior as they were apparently denied with the benefit of ACP / MACP being promotees. As usual the department had denied their request and even CAT Bengaluru bench had rejected their OA. The matter was taken up before HC of Karnataka vide WP No. 33038 & 33039/ 2016 which allowed the benefit to the petitioners. Against this the department had filed Civil Appeal Nos. 2087-2088 of 2022 before the Supreme Court. The apex court in its decision dated 06.04.2022 dismissed the appeals of the department. Paras 6 & 7 of the order reads as follows:
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.
7. In view of the above and for the reasons stated above, the present appeals deserve to be dismissed and the same are dismissed, accordingly.
The SC’s affirmation is countering the policy decision of the GoI that no stepping up of pay is allowable in the case of junior getting benefit of ACP/MACP. Since the SC order was not implemented for reasons best known to the department, the present order passed yesterday is for contempt. Let us wait and watch what more tricks will be used to overcome the cost imposed on the departmental authorities but to deny the ultimate benefit itself to the aggrieved officers.
Now the officers, who joined initially as LDC/UDC/ Stenographer/ LS of all commissionerates ( those have not applied earlier) should apply for stepping up of pay at par with junior officers who were granted ACP or MACP benefits. All associations should come forward to ensure that all eligible officers as per the verdict are to be benefited.
