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Patna High Court

Vijay Kumar SinghversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The reduction of the petitioner's basic pay to Rs.64,100 was lawful and the writ petition was dismissed.

Summary

The petitioner, a retired railway employee, challenged the reduction of his basic salary from Rs.66,000 to Rs.64,100 made in February 2022, alleging that the reduction violated principles of natural justice and was not justified under Railway Board Circular RBE No.33/2016 and Rule 13 of the CCS (RP) Rules, 2008. The petitioner claimed he was not given a hearing and that the circular did not apply to his promotion history, which involved pre‑revised pay scales before 2006. The respondents contended that the circular correctly applied, that the promotion fell within the period covered by the circular, and that pay fixation is an executive function not subject to natural‑justice requirements. The High Court examined the chronology of promotions, the effect of the 6th and 7th Pay Commissions, and the statutory framework governing pay fixation, concluding that the circular and Rule 13 were correctly applied and that the reduction was lawful. Consequently, the Court dismissed the writ petition as bereft of merit.

Issues considered

  • The legality of reducing the petitioner's basic pay from Rs.66,000 to Rs.64,100 under RBE No.33/2016 and Rule 13 of the CCS (RP) Rules, 2008.
  • Whether the petitioner was denied a fair hearing in violation of natural justice principles.
  • Whether the promotion history of the petitioner falls within the scope of the circular and the revised pay structure.
  • Whether the Railway Board's circular can be applied retrospectively to the petitioner’s case.

Subjects

  • pay fixation
  • railway employees
  • Central Civil Services (Revised) Rules 2008
  • RBE No.33/2016
  • natural justice
  • promotion
  • pay scale reduction
  • writ petition

Judgment

       IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No. 14784 of 2025
  ======================================================
  Vijay Kumar Singh, Son of Late Rambaleshwar Prasad Singh @ Baleshwar
  Prasad Singh, Resident of Village Gopinathpur, P.O. Sri Sia Jagdish, District
  Muzaffarpur presently residing at Mohalla Salimpur Ahra, Narayan Niwas,
  Lane No. 2, P.O. and P.S. Kadamkuan, District Patna, Pin Code- 800003.
                                                             ... ... Petitioner/s
                                     Versus

1. The Union of India through the General Manager, East Central Railway
   Hajipur, District Vaishali at Hajipur.
2. The Principal Chief Personal Officer/General Manager (Personnel) East
   Central Railway, Hajipur, District Vaishali at Hajipur.
3. The Principal Chief Commercial Manager, East Central Railway Hajipur,
   District Vaishali at Hajipur.
4. The Assistant Personnel Officer (Personnel), Principal Chief Personnel
   Officer/General Manager Personnel, East Central Railway Hajipur, District
   Vaishali at Hajipur.
5. The Assistant Personnel Officer/ESM For General Manager (Personnel),
   Hajipur, District Vaishali.
                                                     ... ... Respondent/s
  ======================================================
  Appearance:
  For the Petitioner/s   :      Mr. Siya Ram Shahi
                                Mr. Rajesh Ranjan Kumar, Advocate
  For the Respondent-UOI :      Mr. Vishal Ranjan, Advocate
                                Mr. Mayank Mohan, Advocate
  ======================================================
  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
          and
          HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
  CAV JUDGMENT
  (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
  Date : 22-01-2026

            The present writ petition has been filed against the order

   dated 21.02.2024, passed by the learned Central Administrative

   Tribunal, Patna Bench, Patna (hereinafter referred to as “the

   learned CAT”) in O.A. No.050/00566/2023 whereby and
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         whereunder while the challenge to the impugned order dated

         16.09.2022, issued by the Assistant Personal Officer/ESM on

         behalf of the General Manager (Personnel), Hajipur, rejecting

         the representation of the petitioner dated 14.7.2022, challenging

         the reduction of pay-scale from Rs.66000/- to Rs.64100/- has

         been rejected, however, the prayer of the petitioner to quash the

         recovery being made on account of wrong pay fixation has been

         allowed. Consequently, the respondents have been directed to

         refund the recovered amount within a period of 90 days of the

         date of receipt of the certified copy of the order dt. 21.2.2024.

         2.      The brief facts of the case, according to the petitioner, are

         that he joined the post of Commercial Clerk on 21.11.1983 in

         the pay-scale of Rs.260-430 at Zonal Training School Bhuli,

         Dhanbad, whereafter his pay-scale was revised and fixed on

         01.01.1986 as Rs. 915-1540/-, whereupon his pay was increased

         to Rs.1075/- with effect from 01.04.1986. The petitioner was

         then promoted to the post of Senior Commercial Clerk with

         effect from 01.04.1993 in the pay-scale of Rs.1200-2040/- and

         his pay was fixed as Rs.1260/- per month. Thereafter, the

         recommendation of the 5th Pay Commission had come, hence the

         pay of the petitioner was fixed at Rs.4100/- in the pay scale of

         Rs.4000-6000 with effect from 01.1.1996. The petitioner was
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         again promoted to the post of Head Commercial Clerk in the

         pay-scale of Rs.5000-8000/- with effect from 17.03.2003 vide

         office order dated 29.01.2004 and his pay-scale was fixed as

         Rs.5000 w.e.f. 17.03.2003. However, subsequently in terms of

         Memorandum No. ECR/HRD/174 dated 13.04.2005, the

         petitioner was declared surplus and redeployed against the

         corresponding grade of Commercial Inspector in the pay-scale

         of Rs.5000-8000/-. The petitioner was then promoted to the post

         of Commercial Inspector-II from the post of Commercial

         Inspector-III in the pay-scale of Rs.5500-9000 and his pay was

         fixed as Rs.5850 with effect from 04.01.2008.

         3.      It is the further case of the petitioner that after coming

         into force of 6th Pay Commission Recommendation, the pay of

         the petitioner was categorized in PB-2 (Rs.9300-34800 + Grade

         Pay-4200) with effect from 01.1.2006 and the same was revised

         with effect from 01.01.2006 to Rs.10140+Grade Pay of Rs.4200

         in view of RBE 40/2012. Consequent to the 7 th Pay Commission

         Recommendation, the pay-scale of the petitioner was revised

         and fixed as Rs.55200/- (Level-7) and till the month of January,

         2022, his basic pay had been raised to Rs.66000/-, however in

         the month of February, 2022, i.e. the month of retirement of the

         petitioner, the respondents had reduced the monthly salary of the
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         petitioner from Rs.66000/- to Rs.64100/- illegally and then all

         the retiral benefits of the petitioner were also paid on the basis

         of the reduced basic salary. The petitioner had then filed a

         detailed representation before the respondent no.2 on 14.7.2022,

         however the same has been rejected vide order dt. 16.09.2022,

         which was challenged by the petitioner by filing O.A.

         No.050/00566/2023, however the issue regarding reduction of

         the monthly salary of the petitioner had not found favor with the

         learned CAT and the challenge of the petitioner to the order dt.

         16.09.2022 has been rejected.

         4.      The learned counsel for the petitioner has submitted that

         firstly, no opportunity of hearing was granted to the petitioner

         prior to reducing his basic pay from Rs.66000/- to Rs.64100/-,

         consequently the order dated 16.09.2022 is an unreasoned and

         cryptic order, passed without application of mind, hence the

         same is required to be quashed. On merits, it is submitted that

         the respondents have relied upon RBE No.33/2016 to reduce the

         basic pay of the petitioner from Rs.66000/- to Rs.64100/-,

         however the same is not applicable to the case of the petitioner

         since the petitioner got the benefit of promotion in the pay-scale

         of Rs.5000-8000/- much prior to 01.01.2006 and moreover, only

         one promotion has been given in between 01.1.2006 to 4.1.2008,
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         in the pay-scale of Rs.5500-9000/-, i.e. w.e.f. 04.01.2008 while

         being promoted from the post of Commercial Inspector-III to the

         post of Commercial Inspector-II. Thus, the pay of the petitioner

         had been rightly fixed as Rs.66000/- and paid to him till the

         month of January, 2022, however, his basic pay-scale has been

         illegally reduced to Rs.64100/- in the month of February, 2022

         with retrospective date, which is illegal and unwarranted.

         5.      Per contra, the respondents have stated that the petitioner

         was appointed as Commercial Clerk on 21.11.1983 (revised GP

         Rs.2000) and promoted to the post of Senior Commercial Clerk

         on 01.04.1993 (revised GP Rs.2800) and then he was promoted

         to the post of Commercial Inspector Grade-III, whereafter he

         was promoted as Commercial Inspector Grade-II in pay scale of

         Rs.5500-9000/- and pay was fixed at Rs.5850 w.e.f. 04.01.2008.

         It is stated that on implementation of 6 th CPC recommendation

         with effect from 01.01.2006, pay of the petitioner was fixed at

         Rs.10140 + Grade Pay Rs.4200 in the scale of Rs.9300-34800/-.

         On 01.07.2006, the pay of the petitioner was fixed at Rs.10,570

         + G.P. Rs.4200 by granting normal annual increment. In the

         meantime, the Railway Board issued RBE No.33/2016 dated

         08.04.2016 wherein guidelines were provided for fixation of pay

         in cases of promotion taking place in pre-revised pay structure
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         in between 01.01.2006 to 29.08.2008 (the date of notification of

         CCS (RP) Rules, 2008) and consequently merger of pre-revised

         pay-scale of promotional and feeder post in common grade.

         Thus, the Railway Board directed that in cases where promotion

         took place in pre-revised pay structure during the period

         between 01.01.2006 and the date of notification of CCS (RS)

         Rule 2008, when pre-revised and revised pay-scale were

         different and the post carried the character of feeder and

         promotional grade, pay fixation on such promotion shall be

         allowed under Rule 13 of CCS (RS) Rule, 2008. In this regard,

         reference has been made to the Office Memorandum dt.

         16.10.2015, issued by the Deputy Secretary to the Government

         of India, Ministry of Finance, Department of Expenditure,

         Government of India, New Delhi. Relevant portion whereof is

         being reproduced herein below:-

                 “The undersigned is directed to say that consequent upon
                 coming into force of the CCS(RP) Rules, 2008, which
                 were notified on 29.8.2008 but are effective from
                 1.1.2006, fixation of pay on promotion on or after
                 1.1.2006 is carried out as per Rule 13 thereof. This Rule
                 is invoked only in cases of promotion from one Grade Pay
                 to another in the revised pay structure.

                 2.      xx xx xx

                 3.      xx xx xx
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                 4.       Now, instances have been brought to the notice of
                 this Ministry where the feeder and promotional posts have
                 been merged in view of the merger of the pre-revised pay
                 scales applicable to the erstwhile feeder and promotional
                 posts in a common grade/post after the promulgation of
                 CCS(RP) Rules), 2008, due to which the character of
                 posts being promotional and feeder grades as existing
                 during the period from 1.1.2006 to the date of notification
                 of     CCS(RP)       Rules,      2008   stood   rescinded   with
                 retrospective effect from 1.1.2006 and consequently, a
                 question, has been raised as to whether Rule 13 of
                 CCS(RP) Rules, 2008 may apply for fixation of pay on
                 promotion taking place during the period between
                 1.1.2006 and the date of notification of the said Rules,
                 when the fixation of pay was actually done as applicable
                 in the event of promotion in the pre-revised structure.

                 5.      xx xx xx

                 6.      Accordingly, it has been decided that in cases
                 where promotion took place in the pre-revised pay
                 structure during the period between 1.1.2006 and the date
                 of notification of CGS(RP) Rules, 2008 when the pre-
                 revised and revised pay scales were different and the
                 posts carried the character of feeder and promotional
                 grades, pay fixation on such promotion shall be allowed
                 under Rule 13 of the CCS(RP) Rules, 2008, subject to the
                 following conditions:-

                      (i) The promotion had taken place between 1.1.2006
                      and the date of notification of CCS(RP) Rules, 2008 as
                      per the Recruitment Rules then in vogue, which clearly
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                      provided for such posts being promotional grade for
                      the feeder grade from where the promotion took place
                      and where the posts were subsequently merged in a
                      single post/ grade consequent upon promulgation of
                      the CCS(RP) Rules, 2008,

                      (ii) FR 22 (I) (a) (1), which was applicable for fixation
                      of pay on promotion before promulgation of CGS(RP)
                      Rules, 2008, was invoked for fixation of pay in these
                      cases in the pre-revised structure during the period
                      between 1.1.2006 and the date of notification of the
                      CCS (RP) Rules 2008,

                      (iii) The concerned employees had opted to come over
                      to the revised pay structure from a date occurring prior
                      to the date of notification of CCS(RP) Rules, 2008,

                      (iv) The concerned Recruitment Rules have been
                      amended subsequently to provide for merger of these
                      grades into a single grade/post.”

                 7.       This order applies only in case of promotions
                 carried out in the pre-revised structure during 1.1.2006
                 and the date of notification of CCS (RP) Rules, 2008.
                 Thus, the benefit of Rule 13 of CCS (RP) Rules, 2008
                 would not apply in cases of appointment to the post which
                 was in the higher pay scale in the pre-revised pay
                 structure, where such appointment is made after the date
                 of notification of CCS (RP) Rules, 2008.

         6.      It has been stated by the respondents that the petitioner

         was given benefit of pay fixation on 04.01.2008 from 5600/- to
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         5850/- with promotional increments, hence the benefit of pay

         fixation as per RBE No.33/2016 cannot be allowed for the same

         period because in the pre-revised pay grade, he was given the

         benefit of increment from Rs.5000-8000/- to Rs.5500-9000/-,

         thus after implementation of 6th Central Pay Commission

         Recommendation with effect from 01.01.2006, he cannot be

         allowed an additional increment again in merger of grade pay

         Rs.5000-8000/- to Rs.5500-9000/-.

         7.      We have heard the learned counsel for the parties and

         perused the materials on record and we find that though the

         recovery of the excess amount of salary paid to the petitioner

         has been quashed by the learned CAT, however as far as the

         reduction of pay-scale from Rs.66000/- to 64100/- is concerned,

         the learned CAT has held the same to be correct and this aspect

         of the matter has been challenged before this Court by the

         petitioner in the present writ petition.

         8.      The facts of the present case lie in a narrow encompass,

         inasmuch as the petitioner was appointed on the post of

         Commercial Clerk on 21.11.1983 (revised Grade Pay of

         Rs.2000), whereafter he was promoted to the post of Senior

         Commercial Clerk on 01.04.1993 (revised Grade Pay of

         Rs.2800). The petitioner while working as Senior Commercial
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         Clerk in the pay-scale of Rs.4000-6000, i.e. pre-revised pay-

         scale was posted at O/O, CCM/ECR/Hajipur, thereafter the

         petitioner was promoted on 29.01.2004 as Head Commercial

         Clerk in the pay-scale of Rs.5000-8000/-, i.e. pre-revised pay-

         scale (with effect from 17.03.2003) and his pay was fixed at

         Rs.5000/- with effect from 17.03.2003 in the pay-scale of

         Rs.5000-8000/-, which was raised to Rs.5150/- in the same pay-

         scale w.e.f. 01.03.2004 and to Rs.5300/- on 01.03.2005. On

         13.04.2005, the petitioner was declared surplus and redeployed

         against corresponding grade in Commercial Inspector Scale of

         Rs.5000-8000/-, whereafter his pay was raised to Rs.5450/-

         w.e.f. 01.3.2007 and Rs.5600/- w.e.f. 01.3.2007. On 04.01.2008,

         the petitioner was promoted from the post of Commercial

         Inspector      Grade-III       (Pay-scale     of   Rs.5000-8000/-)   to

         Commercial Inspector Grade-II in the pay-scale of Rs.5500-

         9000/- and his pay was fixed at Rs.5850 w.e.f. 04.01.2008.

         9.      The sixth Pay Commission recommendation were

         implemented w.e.f. 01.01.2006 and pay fixation of the

         petitioner, who was at that time Commercial Inspector in the pay

         scale Rs. 5000-8000/- was done in PB 2 Rs. 9300-34800+ GP

         Rs. 4200 w.e.f. 01.01.2006 as under :-

                 On 01.01.2006 Pay Rs. 9860 + GP Rs.4200
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                 On 01.07.2006 Pay Rs. 10290 + GP Rs.4200

                 On 01.07.2007 Pay Rs. 10730 + GP Rs.4200

                 On 01.07.2008 Pay Rs. 11,180 + GP Rs.4200

                 On 01.07.2009 Pay Rs. 11,650 + GP Rs.4200

                 On 01.07.2010 Pay Rs. 12,130 + GP Rs.4200

                 On 01.07.2011 Pay Rs. 12,620 + GP Rs.4200

         10.     As per RBE No.40/2012 dated 23.03.2021 Railway

         employees due to get their annual increment between Feb to

         June during 2006 were granted one on 01.01.2006 in pre-revised

         scale as one time measure and then they were given next

         increment in the revised pay structure on first July. Thus, the

         Petitioner’s pay fixation as per RBE No. 40/2012 is as under:-

                 01.01.2006-Rs. 10,140+ G Rs.4200

                 01.07.2006 Rs. 10570 + GP Rs. 4200

                 01.07.2008 Rs. 11,480 + GP Rs.4200

                 01.07.2009 Rs. 11,950 + GP Rs.4200

                 01.07.2010 Rs. 12,240 + GP Rs.4200

                 01.07.2011 Rs. 12,940 + GP Rs.4200

                 01.07.2012 Rs. 13,640 + GP Rs.4200

         11.     On 05.11.2014 third MACP was granted to the petitioner

         and pay fixation as Commercial Inspector was done in GP-Rs.

         4200. On furnishing option pursuant to memo dated 28.03.2014
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         pay fixation was done in GP Rs.4600. On 01.01.2016, as per 7 th

         CPC pay fixation, the petitioner’s pay was further raised in L-7.

         However, the Pay fixation of the petitioner was carried out

         erroneously in light of RBE No. 33/2016.

         12.      Thus, the facts and circumstances of the present case

         would show that on 29.01.2004, the petitioner was promoted in

         pre-revised pay scale of Rs.5000-8000/- and the pay was fixed at

         Rs.5000/- w.e.f. 17.03.2003, which was further raised to Rs.

         5150/- in pay scale of Rs. 5000-8000/- w.e.f. 01.03.2004. The

         pay was again raised to Rs.5300/- in the pay scale of Rs. 5000-

         8000/- w.e.f. 01.3.2005. The petitioner was then promoted on

         04.01.2008 from Commercial Inspector grade III in pre-revised

         pay scale Rs.5000-8000/- to Commercial Inspector Grade II in

         pre-revised pay scale Rs.5500-9000/-. The Petitioner was once

         again granted benefit of promotional increment on promotion &

         his pay of Rs.5600/- was raised to Rs. 5850/- w.e.f. 04.01.2008.

         The CCS (RP) Rules 2008 were notified on 29.08.2008 and the

         pre-revised pay scales of Rs.5000-8000/-, Rs.5500-9000/- and

         Rs.6500-10500/- posts, which constituted feeder grades and

         promotion grades, were merged in identical grade.

         13.      At this juncture we may take note of Rule 13 of CCS

         (RP) Rules 2008, which stipulates that in case of promotion
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         from one grade pay to another in revised pay structure, the

         fixation will be done as provided therein and not otherwise. The

         Railway Board had then issued RBE No.33/2016 dated

         08.04.2016, enclosing a copy of OM dated 16.10.2015 of

         Ministry of Finance, Department of Expenditure, stipulating

         therein that same will be applicable mutatis-mutandis on the

         Railways. The OM dated 16.10.2015 relates to fixation of pay in

         cases of promotion taking place in pre-revised pay structure

         between 01.01.2006 and the date of notification of CCS (RP)

         Rules 2008, i.e. 29.08.2008. Para-1 of the said OM states that on

         coming into force of CCS (RP) Rules 2008, notified on

         29.08.2008 w.e.f. 01.01.2006, the fixation of pay on promotion

         on or after 01.1.2006 is to be carried out as per Rule 13 of the

         CCS (RP) Rules 2008 in cases of promotion from one grade pay

         to another in revised pay structure. Para 2 states that in terms of

         Section 1 of Part A of first schedule of CCS (RP) Rules 2008,

         which provides for revised pay structure in the form of

         applicable pay bands and grades Pay corresponding to various

         pre-revised pay scales, certain pre-revised pay scales have been

         merged in a common grade Pay in the revised pay structure

         w.e.f. 01.01.2006, thus the posts in those pre-revised pay scales

         which have been merged in a common grade pay w.e.f.
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         01.01.2006, are normally required to be merged even if these

         posts constituted feeder and promotional grades in the pre-

         revised pay structure. Para 6 of the said OM provides that where

         promotion took place in pre-revised pay structure during the

         period between 01.01.2006 and 29.08.2008, i.e. the date of

         notification of CCS (RP) Rules 2008, when the pre-revised and

         revised pay scales were different and the posts carried the

         character of feeder and promotional grades, pay fixation on such

         promotion shall be allowed under Rule 13 of the CCS (RP)

         Rules, 2008, subject to the conditions mentioned therein.

         14.     Therefore, in light of RBE No.33/2016, since the

         petitioner was promoted on 29.01.2004 in pre-revised grade

         Rs.5000-8000/-, whereafter he was further promoted from

         feeder grade of Rs.5000-8000/- to promotional grade Rs. 5500-

         9000/- on 04.01.2008 and his Commercial Inspector Grade Il

         promotional grade falls within the period 01.01.2006 to the date

         of notification of CCS (RP) Rules 2008, i.e. 29.08.2008 and

         such promotional grade post stood rescinded with retrospective

         effect from 01.01.2006, there is no question of fixation of pay on

         promotion taking place during the period 01.01.2006 to

         29.08.2008. Thus, in view of RBE No.33/2016, benefits of Rule

         13 of CCS (RS) Rules 2008 shall not be available to the
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         petitioner, since his pre-revised grade promotional post was in

         higher pay scale in the pre-revised pay structure. Thus, in light

         of the instructions contained in RBE No. 33/2016, the mistake

         made in fixation of pay of the petitioner was rectified.

         15.       At this juncture, it has been submitted by the Ld. Counsel

         for the respondents that fixation of pay scales is essentially an

         executive function and exercising statutory power pertaining to

         fixation of pay will not attract the principles of natural justice.

         Reference has been made to the judgment rendered by the

         Hon'ble Supreme Court of India in the case of M. Ramanatha

         Pillai Vs. State of Kerala, reported in (1973) 2 SCC 650,

         wherein it has been held as follows:-

                   “Doctrine of estoppel is not applicable against the State
                   while acting in public or sovereign capacity."

         16.       Now, we find it apt to depict the amendment made in the

         pay-scale of the petitioner by way of comparative chart, which

         has been annexed with the written statement filed by the

         respondents before the learned CAT and is being reproduced

         herein below:-

          Pay Drawn Earlier           Revised Pay                   Remarks

            Date        Pay         Date          Pay

          01.07.2007 11020+4200   01.07.2007   11020+4200      Annual Pay Increment

          04.01.2008 11020+4200   04.01.2008   11480+4200 In compliance of the letter of
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                                                                Accounts Department bearing No.
                                                                ECR    /     FIN   /   PN   /    Service
                                                                Verification & Continuity / 2020-
                                                                2021 dt. 12.03.2021, pay has been
                                                                revised as per 33/16.

          01.07.2008 11950+.4200    01.07.2008     11480+4200          Annual Pay Increment

          01.07.2009 12440+4200     01.07.2009     11950+4200          Annual Pay Increment

          01.07.2010 12940+4200     01.07.2010     11950+4200     On account of remaining on lap
                                        to
                                    05.07.2010                  from 22.06.2010 to 05.07.2010, pay
                                                                increment has been made effective.
                                    06.07.2010     12440+4200

          01.07.2011 13460+4200     01.07.2011     12940+4200          Annual Pay Increment

          01.07.2012 13990+4200     01.07.2012     13460+4200          Annual Pay Increment

          17.03.2013 13990+4600     17.03.2013     13460+4600                 IIIrd MACP

          01.07.2013 15110+4600     01.07.2013     14640+4600              Option Pay Fixation

          01.07.2014 15710+4600     01.07.2014     15220+4600          Annual Pay Increment

          01.07.2015 16320+4600     01.07.2015     15820+4600          Annual Pay Increment

          01.01.2016   55200(L-7)   01.01.2016     53600(L-7)       As per 7th CPC Pay fixation

          01.07.2016   56900(L-7)   01.07.2016     55200(L-7)          Annual Pay Increment

          01.07.2017   58600(L-7)   01.07.2017     56900(L-7)          Annual Pay Increment

          01.07.2018   60400(L-7)   01.07.2018     58600(L-7)          Annual Pay Increment

          01.07.2019   62200(L-7)   01.07.2019     60400(L-7)          Annual Pay Increment

          01.07.2020   64100(L-7)   01.07.2020     62200(L-7)          Annual Pay Increment

          01.07.2021   66000(L-7)   01.07.2021     64100(L-7)          Annual Pay Increment



         17.     Having regard to the aforesaid facts and circumstances of

         the case, we find that the contention of the learned counsel for

         the petitioner to the effect that Circular No. RBE No.33/2016 is

         not applicable in the case of the petitioner, since the petitioner

         got the benefit of promotion under the pay-scale of Rs.5000-

         8000 much prior to 01.01.2006, i.e. with effect from 17.03.2003
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         and only one promotion has been given in between 01.01.2006

         to 04.01.2008 (in the pay-scale of Rs.5500-9000) with effect

         from 04.01.2008 while being promoted from the post of

         Commercial Inspector Grade-III to the post of Commercial

         Inspector Grade-II, is not correct, inasmuch as the petitioner was

         admittedly promoted on 29.01.2004 in the pre-revised pay-scale

         of Rs.5000-8000/-, whereafter he was further promoted from

         feeder grade of Rs.5000-8000/- to promotional grade of

         Rs.5500-9000/- on 04.01.2008 and the promotion of the

         petitioner from Commercial Inspector Grade-III to Commercial

         Inspector Grade-II also falls within the period of 01.01.2006, to

         the date of notification of the CCS (RP) Rules 2008, i.e.

         29.08.2008. In such view of the matter, as per mandate of RBE

         No.33/2016 read with Office Memorandum dated 16.10.2015

         issued by the Deputy Secretary to the Government of India,

         Ministry of Finance, Department of Expenditure, Government of

         India, New Delhi, the promotion grade posts stood rescinded

         with the retrospective date with effect from 01.01.2006. Thus,

         there is no question of fixation of pay on promotion taking place

         during the period 01.01.2006 to 29.08.2008, hence the benefit of

         Rule 13 of CCS (RS) Rules, 2008 shall not be applicable in the

         case of the petitioner, since pre-revised grade promotional posts
             Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
                                                       18/18




                      was in higher pay-scale in the pre-revised pay structure. Thus,

                      we find that the pay of the petitioner has rightly been reduced

                      from Rs.66,000/- to Rs.64,100/-.

                      18.     Consequently, we find that the present writ petition is

                      bereft of any merit, hence the same stands dismissed.


                                                           (Mohit Kumar Shah, J)
       I agree.

Soni Shrivastava, J
                                                               (Soni Shrivastava, J)


kanchan/-
AFR/NAFR                AFR
CAV DATE                09.12.2025
Uploading Date          29.01.2026
Transmission Date       NA


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