An employee holding current duty charge of a higher post is entitled to its applicable grade pay.

The respondent was promoted on an ad hoc basis to the post of Superintendent in the pay scale of ₹6,500–10,500 with effect from 31 August 2005.

While holding that post, he was assigned current duty charge of Administrative Officer/Assistant Accounts Controller (“AO/AAC”) with effect from 31 August 2007.

The writ petition had initially been decided on 7 May 2013; thereafter, following the Supreme Court’s order permitting withdrawal of the Special Leave Petition for filing a review, the Delhi High Court decided Review Petition No. 473/2018 on 13 May 2026.

In that order, the Court held that the respondent was entitled to continue drawing the scale of ₹6,500–10,500 while holding current duty charge of AO/AAC, but had treated the pre-revised pay scales of Superintendent and AO/AAC as equivalent.

The respondent filed CM Application No. 49150/2026 seeking clarification that the AO/AAC post carried a higher grade pay of ₹5,400 under the revised pay structure and that his pay should be fixed accordingly.

The Court applied the principle that an employee assigned current duty charge of a higher post may be entitled to the pay attached to that post, as recognised in the precedents referred to in the earlier order, namely Selveraj and S.N. Paracer.

The Court further relied on its binding finding in the order dated 13 May 2026 that the respondent would remain entitled to the relevant pay scale even while holding current duty charge, notwithstanding that current duty charge ordinarily does not itself involve a formal promotion or appointment to the higher post.

The revised pay structure applicable to AO/AAC carried a grade pay of ₹5,400 in Pay Band-II.

The Court held that the petitioners’ contention—that an employee holding only current or additional duty charge must continue to receive the grade pay of his substantive post—was inconsistent with the unchallenged finding in the earlier order that the respondent was entitled to the pay attached to the higher post while holding its current duty charge.

Since the AO/AAC post had subsequently been assigned a higher grade pay of ₹5,400 under Pay Band-II, the respondent’s entitlement had to be determined by reference to the revised pay structure applicable to that post.

The Court clarified its order dated 13 May 2026 by holding that the respondent was entitled to grade pay of ₹5,400 with effect from 31 August 2007.

The petitioners were directed to undertake all consequential action and pay the arrears, together with interest at 6% per annum, within three months from the date of the order.