Junior Accounts Officers in Postal Department are entitled to pay fixation based on upgraded pre-revised scales.

The applicants are retired Senior Accounts Officers from the Department of Posts who retired in 2020 and 2022 respectively.

Following the 6th Central Pay Commission (CPC), the cadre of Junior Accounts Officer (JAO) was merged with Assistant Accounts Officer (AAO).

The applicants previously approached the Tribunal in OA No. 964 & 965/2014, where the court directed the respondents to consider their pay fixation in the revised structure from their date of promotion as JAO under Rule 11 of the CCS (Revised Pay) Rules, 2008.

In response, the respondents issued orders on 24.04.2024 and 04.09.2025, fixing their pay based on the pre-revised scale of Rs. 6500-10500, arguing that the upgraded scale of Rs. 7500-12000 (with Grade Pay of Rs. 4800) did not apply because the AAO cadre lacked an element of direct recruitment.

The applicants challenged these fixation orders, seeking parity with the upgraded scales.

1. Whether the applicants are entitled to have their pay fixed in the revised pay structure based on the upgraded pre-revised scale of Rs. 7500-12000 (plus Rs. 4800 Grade Pay) following the merger of JAO and AAO cadres under the 6th CPC.

2. Whether the lack of a "direct recruitment" element in a specific cadre justifies denying promotees the same entry pay benefits afforded to direct recruits in other departments.

The court applied Rule 5 and Rule 11 of the CCS (Revised Pay) Rules, 2008, regarding the methodology for pay fixation in revised structures.

It relied heavily on the precedent established by the Ernakulam Bench in K.T. Joseph v. Union of India (OA No. 146/2016), affirmed by the Kerala High Court and the Supreme Court, which held that merged cadres must be fixed at the minimum of the upgraded scale.

The court also invoked the principle from Kamlakar and Ors. v. Union of India, asserting that direct recruits and promotees cannot be treated differently regarding pay and allowances.

The Department of Expenditure OM dated 28.09.2018 regarding entry pay.

The Tribunal reasoned that the issue was no longer res integra (already decided) due to the decision in K.T. Joseph, which dealt with identical circumstances of JAO/AAO merger.

The court rejected the respondents' defense that the benefits were inapplicable because the postal AAO cadre lacked direct recruitment. The Tribunal found this distinction "discriminatory and violative of Article 14 of the Constitution," noting that JAOs in the postal department cannot be penalized for the department's specific recruitment structure when other departments extend such benefits.

The court determined that as per the 6th CPC, the JAO's pre-revised scale was effectively merged and upgraded to Rs. 7500-12000; therefore, the applicants' basic pay as of the date of their regular promotion must be reckoned against this higher scale to ensure they are not paid less than the prescribed entry pay.

It held that the applicants are entitled to pay fixation in the revised structure (6th CPC) by reckoning their basic pay in the pre-revised scale of Rs. 7500-12000 from the date of their regular promotion to JAO.

The respondents were directed to issue fresh fixation orders and pay the resulting arrears within eight weeks.