departmental exam on 24.05.1973. Prior to the third Pay Commission, the increment was Rs.5/-, however after the 3 rd Pay Commission, the increment was Rs.10/- on passing Departmental Confirmatory Examination. The pay scales for both of them was Rs.130-5-160-8-200-EB-8-256-EB-8-280-10-300. In view of the increment, that had been received by the second respondent, the second respondent was receiving a pay of Rs.340/- as on 01.01.1973, whereas his junior was receiving a pay of Rs.330/-. After the third Pay Commission, the Junior has passed the examination and had got a four advance increments by which his pay scale had been increased to Rs.370/- thereby an anomaly of pay had been occurred. Both the second respondents as well as their junior had been doing the same nature of work and the anomaly had only arisen because of the difference in the benefit of increment that had been given on passing a particular departmental confirmatory examination. The second respondents cannot be found fault to pass the examination earlier than that of his junior. In such view of the matter, we are of the view that there was no infirmity or error in the order passed by the Tribunal.
