Basic pay on absorption from deputation cannot be reduced merely because overall emoluments rise through other components.

On permanent absorption from deputation, basic pay could not be reduced merely because the employee's overall emoluments increased through dearness pay or other components. The relevant comparison was between the pay drawn as a deputationist and the pay fixed on absorption, and a reduction in basic pay from 510 to 390 was treated as material and prejudicial. The Court held that higher aggregate salary did not cure the impermissible reduction in basic pay, so the impugned pay fixation could not be sustained and the appeal succeeded.

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Issues: Whether the appellant's basic pay could be reduced on permanent absorption in the Central Bureau of Investigation despite an increase in overall emoluments.

Analysis: The relevant comparison was between the pay drawn as a deputationist and the pay fixed on absorption. The reduction in the basic pay from Rs. 510 to Rs. 390 was material, and the fact that the aggregate salary package increased because of dearness pay and other components did not justify treating the fixation as non-prejudicial. The principle applied was that basic pay itself cannot be reduced merely because the total emoluments on absorption may be higher.

Conclusion: The reduction in basic pay was impermissible and the pay fixation was ; the issue was decided in favour of the appellant.

Final Conclusion: The appeal succeeded and the impugned pay fixation could not be sustained.

Ratio Decidendi: On absorption from deputation, basic pay cannot be reduced merely because the total emoluments or pay package increases due to other components.

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