Scale may be same but you will get promotional increment. You can not do anything if scale is same. 

You should get pay scale change accordingly new post. Kindly check GR of new pay scale and demand accordingly otherwise don't take new post see after every five year pay commission how much pay is increased in coming 7th pay commission.

Acceptance is your decision. What court will do? No cause of action .  writ shall not be maintainable.

- You must file the writ in High Court on correction of scale post having the AIIMS policy on this pay scale. If the policy has same pay scale as per guidelines then you are required to get into the correction of scale.

- Writ is undoubtedly required to file without accepting the higher rank as to take the post you shall have to give your NOC on terms and conditions, which will go against you in case. 

Regards

Vivek Arya

1. On promotion from Junior Physiotherapist to Physiotherapist, even though the payscale remains the same, but the Grade Pay gets changed from Rs. 4200/- to Rs. 4600/- and corresponding financial benefits in DA and HRA also gets enhanced.

2. If at all, you feel injustice has been meted to you in service matter, accept the promotion and then  approach jurisdictional Central Administrative Tribunal (CAT) and if the matter is not resolved to your advantage in CAT, approach the State High Court by filing a suit and finally you can approach the Hon'ble Supreme Court.

You can challenge the same in writ petition by challenging the policy

Thought he scale of pay may be appearing to be same as that of the scale drawn by the employee now, on promotion his salary will be re-fixed.

His current salary will be taken into consideration and accordingly the increments will be added to fix the higher salary on promotion  than what he is drawing now,

You may first accept the promotion and wait for the fixation of salary on promotion,.

If you are aggrieved by the irregularity observed by you then you may approach high court with a writ petition as proposed by you for relief and remedy.

You can file the same after accepting the promotion also 

Is any person of the same designation is working on a pay scale which is more than you? 

Regards 

Regarding this, UOI has a notification and this kind of situation shall be dealt in same manner.

Department of Expenditure OM No.169/2/2000-IC dated 24.11.2000

When they offers a promotion that comes with additional responsibility, but not more money, it may be worth it to accept it initially. 

You can file writ petition once you accept the promotion. 

You should give a representation in tgis regard to the higher authorities ie health and family welfare ministry. In case they do not respond then file a writ petition.

You should file it and accept the promotion under protest if it is due. If not, then too you can file the same.

1. This can be challenged through a writ petition. 

2. Even after accepting the promotion the writ petition can be filed. 

Yes the anomaly can be corrected.

But for that you have file writ petition before High court for changing the grade pay of Senior post. 

Dear Sir,

Yes, you can file Writ petition in High Court.

I believe promotion can be defined as being placed into an improved position from the present, i.e. a change in an employee’s position from the current one to a better one, say from a lower level/rank to a higher/senior position which may or may not cause a hike in pay; while an Upgradation refers to improving an object, material or situation, i.e. the employee may remain in the same position but the terms of the job improve e.g. higher pay, more benefits, etc.