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 government's earlier decision to deny Khan's request for a pay upgrade was illegal and discriminatory.
The tribunal set aside the previous government order and directed authorities to re-fix Khan's salary at Rs 80,000 per month with effect from November 13, 2015—the date his junior, Anurag Sharma, assumed charge as Director General of Police (DGP). It also ordered the government to calculate and pay all arrears up to Khan's retirement in December 2017 and revise his pension accordingly. The bench, comprising Dr Lata Baswaraj Patne and Varun Sindhu Kul Kaumudi, granted the government 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 government on minority affairs. He approached the tribunal after the state government appointed Anurag Sharma, a 1982-batch officer, as Head of Police Force (HoPF) in November 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 governments 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 government 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 government 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 government's action violated established service norms. It further observed that similar relief had already been upheld by the Supreme Court, rendering the government's refusal contrary to law. Accordingly, the tribunal disposed of the petition in Khan's favour.
