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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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,
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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.
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
Patna High Court CWJC No.14784 of 2025 dt.22-01-2026
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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
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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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