Selection grade scales introduced in the Revised Pay Scales of 1969 —protection of pay of the seniors were not considered for selection grade — Appointments due to their confirmation in the Higher Category on par with Juniors
[G.O.Ms.No. 179, Fin. & Plg. (Fin. Wing. PC), Dt. 30-4-1984]
Order :—Orders were issued in the G.O.Ms.No. 173, Finance (PC) Department, dated 13th June, 1969, introducing the Selection Grade Scales of pay upto and inclusive of Gr. XX in Andhra Pradesh Revised Pay Scales, 1969. According to the above orders, a person appointed to the Selection Grade shall draw the minimum of the scale provided that if a Senior in a higher promotion category is drawing less than such minimum, then his pay shall be limited to the pay drawn by the Senior in the higher post. It was also ordered there in that appointment to Selection Grade posts should be restricted to the persons in the grade who were actually working in the category in which they were being considered for appointment to the Selection Grade. As a result, the employees who were on promotion to higher posts with a lien on a lower post were not considered for appointment to Selection Grade in the lower category. The restriction of limiting the pay to that of the Senior was questioned in the High Court and the High Court struck down the said Rule 5(2). The Supreme Court also upheld the decision of the High Court and orders accordingly were issued in the G.O.Ms.No. 146, Finance Department, dated 22nd June, 1981, deleting sub-rule 2 of Rule 5 of the Andhra Pradesh Revised Pay Scales, 1969. With the removal of the restriction the persons appointed to the Selection Grade posts became eligible to draw the minimum of the Selection Grade scale which, in some cases, happens to be more than the minimum of the higher promotion posts.
Persons who were on promotion to higher posts and who were not considered for selection Grade have again questioned these orders and on a direction by the Supreme Court, orders were issued in the G.O.Ms.No. 190, Finance (Courts), dated 10th June, 1983 to the effect that such of the Seniors who were on promotion to the next higher post in the regular line on the date on which their Juniors were appointed to the Selection Grade will be entitled to get their pay fixed in the Selection Grade notionally and on the basis of this notional Selection Grade pay their pay shall be fixed in the higher post from the date the Selection Grade became applicable to them provided they held their lien on the post in the lower category on the date on which the Junior got the Selection Grade and if the Senior was confirmed in the higher post on the date his Junior got the Selection Grade he cannot be considered for appointment to Selection Grade in the Lower post. This order has caused according to representations received some hardship to the Seniors who were confirmed in the higher posts soon after their completion of probation.
Government have carefully examined the issue and hereby order that he of a senior who might have been confirmed in a higher post and who happens to draw less pay than his junior whose pay has been refixed in the higher officiating post consequent on appointment to Selection Grade in the lower post, be stepped upto a stage equal to the pay drawn by the Junior under F.R. 27, in the higher officiating post identical to the one held by his senior, from the date the pay of the senior becomes less than the pay of the Junior as a result of refixation of pay in the higher officiating post by virtue of orders issued in the G.O.Ms.No. 190, Finance (Court), dated 10th June, 1983, subject to the condition that such disparity is the direct result of application of the orders in the G.O.Ms.No. 190, Finance (Courts), dated 10th June, 1983.
The monetary benefit shall however be allowed from the date of issue of these orders only.