Tribunal's Rejection Overturned; Senior Employee Entitled to Pay Parity with Junior
In a significant ruling, the Calcutta High Court has directed the stepping up of pay for Pallab Kanti Chattopadhyay, a senior employee who was drawing less pay compared to his junior, despite holding the same position and pay scale. The Division Bench, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, delivered the judgment on February 3, 2026, overturning the Central Administrative Tribunal's decision that had previously denied Chattopadhyay's claim.
The case revolved around the principle of stepping up of pay, which applies when a junior employee in the same post and cadre receives a higher salary than a senior. The petitioner, Chattopadhyay, contested the Tribunal's earlier decision, arguing that he was consistently senior to his colleague and had drawn higher pay until a discrepancy arose following direct recruitment as Field Officers in 1988.
The High Court scrutinized the comparative pay chart and found that Chattopadhyay had indeed drawn higher or equal pay compared to his junior, Amitabha Chakraborty, throughout their service. The Court noted that the Tribunal had erred in dismissing Chattopadhyay's claim based on the absence of a seniority list and misinterpreted its jurisdiction under the Administrative Tribunals Act, 1985.
Highlighting a Supreme Court precedent, the Court affirmed that the stepping up of pay is warranted if both employees hold the same post and the junior draws a higher salary. The judgment underscored that Chattopadhyay's seniority and consistent pay history entitled him to parity.
The Court has mandated the Union of India to adjust Chattopadhyay's pay from the date his junior started receiving more, with all consequential benefits to be accorded within 90 days. This decision reinforces the legal stance on pay equity and seniority in service law.
Bottom Line:
Principle of stepping up of pay applies when junior and senior hold the same post, same cadre, and the junior draws higher pay, irrespective of non-production of seniority list.
Statutory provision(s): Administrative Tribunals Act, 1985 Section 21(2)
Pallab Kanti Chattopadhyay v. Union of India, (Calcutta)(DB) : Law Finder Doc id # 2849680
