The Rule 7 of CCS (RP) Rules 2008 has provision vide Note 10 under the Rule for stepping up of pay of a senior employee promoted prior to 2006 on par with his junior on the latter's promotion after 2006 subject to certain conditions prescribed. The Swamy's Hand Book 2010 also prescribes the said conditions and it is also mentioned in the Hand Book that the junior employee should not be drawing more pay than the senior in the lower grade from time to time. (this particular condition, however I could not find in the said Rule provision)

Here, a doubt arises as to whether in all the lower grades right from induction, an employee should have been drawing more pay upto 2006 as compared to his junior who gets more pay by virtue of junior's promotion after 2006 for availing stepping up of pay on par with the said junior from the date of promotion of junior. (OR)

Whether it is sufficient if a pre-2006 promotee draws more pay in the promoted grade till 31.12.2005 for stepping up of pay on par with that of another post-2006 promotee to the same grade after 1.1.2006 if the latter happens to get more pay than the pre-2006 promotee.

Illustration: Mr. A & Mr. B in the pre-revised scale of Rs.5500-175-9000 were drawing Rs.6900 & Rs.6900 respectively on 1/11/2005 and Mr. A was promoted to the next higher grade caring a pre –revised scale of 6500-200-..... and got his pay fixed at Rs.7100 in the promoted grade on 1/11/2005.(Mr. A has increment date November whereas Mr. B increment date is May) . Mr. B is joining seniority whereas Mr. A is grade seniority . Both are equal on 1/1/1996 5th CPC-Rs.4750. Before1/1/1996 Mr. B was pay seniority ,and after 1/1/1996 Mr. A was all grade seniority.
1. On 1/1/2006 the pay in the pay band of Mr. A was revised to Rs.7100 x 1.86 =13210 and Mr. B the revised pay in pay band was 6900 x 1.86 =12840 .On 1/7/2008 the pay of Mr.A was 14870 whereas Mr. B was promoted and pay was 15000 .In this case can Mr. A get anomaly with respect to grade seniority?
2. In 1/11/2005 Mr. A and Mr. B are both in Rs. 6900 .After getting another one more increment for May increment Mr. B gets one more increment in 1/1/2006 – 7075 x 1.86 = 13160 whereas Mr. A 13210 . After promotion on 1/7/2008 Mr. B -15350, Mr. A – 14870. After getting additional May increment junior crossing the senior (grade seniority) can senior stepped up to junior ?

Please clarify the matter.
Thank you.