UNION OF INDIA & ORS. versus SHRI C.R. MADHAVA MURTHY & ANR.

Citation: [2022] 3 S.C.R. 22 · Decided: 06-04-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Dismissed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 3 S.C.R.
   [2022] 3 S.C.R. 22
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UNION OF INDIA & ORS.
v.
SHRI C.R. MADHAVA MURTHY & ANR.
(Civil Appeal Nos. 2087--2088 of 2022)
APRIL 06, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Service Law – Removal of anomaly – Stepping up of pay –
Persons who were placed lower in the upgradation list than the
respondents, on account of upgradation granted to them under the
ACP Scheme, started drawing higher pay – Writ petitions filed by
respondents praying for stepping up of pay and for removal of the
anomaly and for fixation of their salaries at par with their juniors
– High Court, on considering FR 22, which provides for stepping
up of pay and removal of anomaly by stepping up of pay of a senior
on promotion drawing lesser pay than his junior, allowed the writ
petitions – On appeal, held: It was a case of removal of anomaly by
stepping up of pay of seniors on promotion drawing less pay than
their juniors – High Court therefore rightly relied and/or considered
FR 22 and the order issued by the Government of India on removal
of anomaly by stepping up of pay – High Court rightly directed the
appellants to step up the pay of respondents in view of pay scale
which has been granted to the juniors from the date they have started
drawing lesser pay than their juniors.
Dismissing the appeals, the Court
HELD:1. Considering the facts and circumstances of the
case, it cannot be said that the original writ petitioners-
respondents were as such claiming the stepping up of the pay
under the ACP Scheme. Their grievance was with respect to the
anomaly in the pay scale and their grievance was that while granting
upgradation under the ACP Scheme, their juniors were getting
higher salaries than what they receive. Therefore, it was a case
of removal of anomaly by stepping up of pay of seniors on
promotion drawing a less pay than their juniors. The High Court
has therefore rightly relied and/or considered FR 22 and the order
issued by the Government of India on removal of anomaly by
stepping up of pay. [Paras 4, 5][25-D-E]
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2. 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 to step up the
pay of the original writ petitioners-respondents 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.
[Para 6][26-E-F]
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.2087-
2088 of 2022.
From the Judgment and Order dated 31.07.2021 of the High Court
of Karnataka at Bengaluru in W. P. Nos. 33038-33039 of 2016 (S-CAT).
Ms. Madhvi Divan, ASG, M. K. Maroria, Ms. Nidhi Khanna,
Mukul Singh, Nachiketa Joshi, Advs. for the Appellants.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned common
judgment and order dated 31.07.2021 passed by the High Court of
Karnataka in Writ Petition Nos. 33038-33039/2016, by which the High
Court has allowed the said writ petitions, the Union of India and others
have preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are as
under: -
2.1 That the respondents herein - original writ petitioners were
appointed as Lower Division Clerk on 01.02.1973 and 03.08.1973,
respectively. Thereafter, they were promoted to the post of Upper Division
Clerk on 04.10.1976. That one of the respondents was promoted to
officiate as an Inspector w.e.f. 02.04.1981 and the other respondent
was promoted to officiate as an Inspector on 13.07.1981. One Shri C.K.
Satish was appointed as an Inspector on 17.12.1981 by way of direct
recruitment and one Shri B.S. Srikanth was also appointed as an Inspector
by way of direct recruitment on 15.05.1982.
In order to provide upgradation to its employees and to remove
the stagnation on a particular post, the Union of India introduced “Assured
UNION OF INDIA & ORS. v. SHRI C.R. MADHAVA 
MURTHY & ANR.
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SUPREME COURT REPORTS
[2022] 3 S.C.R.
Career Progression Scheme” (ACP Scheme) w.e.f. 09.08.1999. The
said Shri C.K. Satish and Shri B.S. Srikanth were granted upgradation
under the ACP Scheme. The original writ petitioners were promoted to
the post of Superintendent of Central Excise and Customs on 02.07.2000.
The employees, junior
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