Promotees in merged JAO/AAO cadres are entitled to entry pay parity in upgraded scales, regardless of direct recruitment elements.

The applicant, a retired Accounts Officer, successfully cleared the Junior Accounts Officers (JAO) Examination in 1994 and was promoted to the post of JAO on a regular basis on 01.02.2010

Following the 6th Central Pay Commission (CPC) recommendations, the Department of Posts merged the posts of JAO and Assistant Accounts Officer (AAO), placing them in a common Pay Band (PB-2) with a Grade Pay of Rs. 4800, corresponding to the pre-revised scale of Rs. 7500–12000

The applicant retired on 31.12.2017

Relying on the precedent set in K.T. Joseph v. Union of India (upheld by the Supreme Court), the applicant sought refixation of his pay in the upgraded scale from the date of his promotion

The respondents refused, contending that the K.T. Joseph judgment was in personam (applicable only to the specific litigant) and that the "entry pay" principle did not apply to the AAO cadre of the Indian Postal Telecommunication Accounts and Finance Service (IPTAFS) as it lacks an element of direct recruitment

1. Whether the applicant is entitled to pay fixation in the pre-revised scale of Rs. 7500–12000 (PB-2 + Grade Pay Rs. 4800) effective from the date of his promotion (01.02.2010)

2. Whether the benefit of the judgment in K.T. Joseph v. Union of India can be restricted in personam or must be extended to similarly situated employees

3. Whether the absence of a "direct recruitment" element in a specific cadre justifies denying promotees the minimum entry pay prescribed for that grade under the CCS (Revised Pay) Rules, 2008

The Tribunal applied the Central Civil Services (Revised Pay) Rules, 2008, specifically Section II, Part B of the First Schedule, which merged Section Officers and AAOs into the Rs. 7500–12000 scale

It relied on the Office Memorandum dated 28.09.2018 (Department of Expenditure), which mandates that the pay of promotees shall not be less than the entry pay of direct recruits

The Tribunal further applied the doctrine of equality under Article 14 of the Constitution, citing Kamlakar v. Union of India, which held that once direct recruits and promotees are merged into a single cadre, they cannot be treated differently for pay and allowances

It also followed the precedent in K.T. Joseph v. Union of India, which established the right of JAOs to the Rs. 7500–12000 scale upon merger

The Tribunal rejected the respondents' argument that the K.T. Joseph judgment was in personam, noting that the legal principles affirmed by the High Court and Supreme Court in that matter are binding

The Tribunal observed that the respondents’ reliance on a clarification dated 29.09.2022—which claimed that entry pay rules do not apply to cadres without direct recruitment—was discriminatory and violative of Article 14

It reasoned that if JAOs in other departments received the benefit of the 28.09.2018 OM, those in the Postal Department could not be excluded simply because of the department's internal recruitment structure

Following the Kamlakar principle, the Tribunal held that "birthmarks" (source of entry) are irrelevant once employees occupy the same cadre

Consequently, since the JAO post was merged into a scale with a minimum of Rs. 7500, the applicant's pay had to be fixed at that minimum from the date of his promotion

The respondents were directed to refix the applicant’s pay in the revised pay structure under the CCS (RP) Rules, 2008, by reckoning his basic pay in the pre-revised scale of Rs. 7500–12000 effective from 01.02.2010

The Tribunal ordered the issuance of fresh fixation orders and the payment of all resulting arrears within two months of receiving the order

No costs were awarded