UNION OF INDIA Vs. A A VAGHELA

JUDGEMENT

(1.) WE have heard Ms. Mauna Bhatt, learned counsel for the petitioners and Mr P H Pathak, learned counsel for the respondent. This petition has been filed challenging the order dated 30.3.2005 passed by the Central Administrative Tribunal, Ahmedabad in Original Application No. 202 of 2002.

(2.) THE respondent was serving as Inspector of Income Tax department. He made a representation dated 31.7.1985 in continuation of his earlier representations for removal of anomaly and claimed stepping up of his pay at par with his junior Shri B.L. Joshi. The said representation was rejected by Central Board of Direct Taxes vide letter and was communicated vide letter dated 16.9.1985 which is reproduced hereunder:

(3.) ON the other hand, Mr P H Pathak, learned counsel appearing for the respondents submitted that the order passed by the Tribunal is just and proper which does not call for any interference by this court. He submitted that the Tribunal has taken into consideration the relevant circulars and case digests while disposing the O.A. In support of his submissions, he has placed reliance on a decision of the Apex Court in Gurucharan Singh Grewal and anr. v. Punjab State Electricity Board and Ors. [(2009) 3 SCC 94)] wherein in a similar case, it is held that senior cannot be paid less than his junior even if anomaly in senior's pay is due to difference of incremental benefits and such anomaly should not have been allowed to continue and ought to have been rectified so that the pay of senior was also stepped up to that of the junior.