Hyderabad: The Central Administrative Tribunal (CAT), Hyderabad bench, has ruled in favour of retired IPS officer AK Khan, holding that a senior officer cannot be paid less than a junior. The bench found that the govt’s earlier decision to deny Khan’s request for a pay upgrade was illegal and discriminatory.The tribunal set aside the previous govt order and directed authorities to re-fix Khan’s salary at Rs 80,000 per month with effect from Nov 13, 2015—the date his junior, Anurag Sharma, assumed charge as DGP. It also ordered the govt to calculate and pay all arrears up to Khan’s retirement in Dec 2017 and revise his pension accordingly. The bench, comprising Dr Lata Baswaraj Patne and Varun Sindhu Kul Kaumudi, granted the govt one month to comply, failing which the dues would attract interest.Khan, a 1981-batch IPS officer, was serving as director general of the Anti-Corruption Bureau at the time. He later served as an adviser to the Telangana govt on minority affairs. He approached the tribunal after the state govt appointed Anurag Sharma, a 1982-batch officer, as Head of Police Force (HoPF) in Nov 2015, thereby superseding him.Sharma was placed in the apex pay scale of Rs 80,000 per month, while Khan continued in a lower pay band of Rs 75,000–Rs 80,000. Both the central and state govts argued that the apex pay scale was specific only to the post of DGP and not linked to seniority, even though Khan’s seniority and eligibility were not in dispute. However, the tribunal rejected this position. After examining official records, it held that while the govt has the discretion to appoint a police chief, such discretion cannot be exercised in a manner that financially disadvantages a senior officer. The bench noted that the govt failed to provide any valid justification for denying Khan the higher pay.Invoking the “Next Below Rule”—a principle designed to ensure that a senior officer is not paid less than a junior—the tribunal concluded that the govt’s action violated established service norms. It further observed that similar relief had already been upheld by the Supreme Court , rendering the govt’s refusal contrary to law.Accordingly, the tribunal disposed of the petition in Khan’s favour.
