2012 (2) TMI 389 - HC - Income Tax

Writ petition filed aginst order of Administrative Tribunal allowing stepping up of pay of employee to that of an admitted junior at each post and cannot be treated as once in a service time employee have exercised this option twice at different posts - Held that - No jurisdictional error or legal infirmity in is found in the order. Obviously, such stepping up can be done only in terms of the other conditions being satisfied in accordance with the rules.

Summary

Issues:
1. Stepping up of pay at par with juniors.
2. Challenge of administrative decision.
3. Jurisdictional error or legal infirmity.

Analysis:
1. The first respondent sought stepping up of pay at par with two juniors, Kamalasanan and Dayanand, upon finding they were drawing higher pay. The establishment's response to the request was vague, leading to the respondent approaching the Central Administrative Tribunal. The Tribunal, guided by legal precedents, held that stepping up of pay to match an admitted junior can be done at each post and is not a one-time occurrence in service. The Tribunal, after thorough examination, concluded that the respondent was entitled to stepping up of pay in comparison with Kamalasanan, provided all conditions were met as per the rules.

2. The Tribunal emphasized that when the reasons stated in an administrative decision are challenged, the establishment cannot introduce additional reasons to support the decision. It upheld the respondent's entitlement to stepping up of pay based on fulfilling all relevant conditions, as determined in the case of Kamalasanan. The Tribunal directed the establishment to carry out the necessary actions in a time-bound manner, without identifying any jurisdictional error or legal flaw in its decision.

3. The High Court, in its judgment, dismissed the writ petition, affirming the Tribunal's decision. It instructed the writ petitioners to implement the Tribunal's direction by a specified date, emphasizing compliance without any costs. The Court acknowledged the validity of the Tribunal's findings and the necessity for the stepping up of pay to be executed in accordance with the applicable rules and conditions.