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2016 DIGILAW 2774 (DEL)

Dharmendra Yadav v. Union of India

2016-07-29

PRADEEP NANDRAJOG, PRATIBHA RANI

body2016
JUDGMENT : Pradeep Nandrajog, J. CM No.26797/2016 Allowed subject to just exceptions. WP(C) 6538/2016 1. Learned counsel for the respondents appears on advance copy of the writ petition being served and states that since a legal point arises for consideration in the writ petition, it may be disposed of at the preliminary stage itself. 2. Learned counsel for the petitioner states that the grievance of the petitioner is that his basic pay in PB-I ought to be Rs.6460/- with grade pay Rs.2000/- w.e.f. 01.01.2006 and not Rs.5960/- with grade pay Rs.2000/-. Persons junior to the petitioner are receiving basic pay of Rs.6460/- plus grade pay Rs.2000/- w.e.f. 01.01.2006. 3. It is not in dispute that the pay of the petitioner and for that matter all civil servants as also members of Central Armed Police Forces had to be fixed post 01.01.2006 as per CCS(Revised Pay) Rules, 2008. Rule 7(A)(i) & (ii) whereof read as under:- “(A) In the case of all employees :- (i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10. (ii) If the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale.” 4. Suffice it to state that as per the Rule basic pay as of 01.01.2006 has to be fixed in terms of sub-para (i) of Rule 7(A) but if the minimum pay fixed at the minimum of the revised pay band is more, the pay has to be fixed at the minimum of the revised pay band. 5. The first schedule to the Rules, vide Section II thereof stipulates that for those who are to be placed in grade pay Rs.2000/-, the minimum pay in the pay band would be Rs.6460/-. This fact is not disputed by learned counsel for the respondents, indeed it cannot be because Section II of the First Schedule so provides. 6. Thus, the petition is allowed keeping in view the fact that in PB-I the grade pay of the post held by the petitioner is Rs.2000/- and therefore the direction issued is that as of 01.01.2006 the petitioner’s basic pay in PB-I would be fixed at Rs.6460/-. 6. Thus, the petition is allowed keeping in view the fact that in PB-I the grade pay of the post held by the petitioner is Rs.2000/- and therefore the direction issued is that as of 01.01.2006 the petitioner’s basic pay in PB-I would be fixed at Rs.6460/-. The grade pay continues to be the same i.e. Rs.2000/-. 7. Arrears shall be paid within 12 weeks from today. 8. No costs.