UNION OF INDIA Vs. SHYAMA PADA SIDHANTA

JUDGEMENT

(1.) The respondents are Inspectors of Central Excise at Calcutta. They were in the pay scale of Rs. 425-800. It was revised to Rs. 500-900 with effect from 1/01/1980. Consequently, their pay was fixed in the revised scale of Rs. 500. 00 being the minimum in the revised scale. It was, however, ordered that they would be entitled to next increment not on their normal date of increment in the lower scale but after completion of twelve months of service in the revised scale, that is, with effect from 1/01/1981. This direction was issued perhaps following the office memorandum dated 9/01/1984. The material portion of the office memorandum reads :

(2.) Challenging the validity of the office memorandum, the respondents moved the central Administrative tribunal for relief. They have succeeded before the tribunal. The Union of India challenges the legality of the decision of the tribunal.

(3.) Counsel for the State, inter alia, contended that when the pay is Fixed at a stage higher than the pay drawn in the old scale, then the increment shall accrue only after completing the period of twelve months. The service rendered in the lower scale cannot be counted for earning increment in the higher scale.