M R GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The only question for decision is:Whether the impugned judgment of the Tribunal dismissing as time barred the application made by the appellant for proper fixation of his pay is contrary to law Only a few facts are material for deciding this point.

(3.) The appellant joined the service of the State of Punjab as Demonstrator in the Government Polytechnic in 1967. Thereafter, he joined service in the Railways in 1978. The appellant claimed that the fixation of his pay on his joining service in the Railways was incorrect and that he was entitled to fixation of his pay after adding one increment to the pay which he would have drawn on 1-8-1978 in accordance with Rule No. 2018(N.R.S.N. 6447) equivalent to Fundamental Rule, 22-C. The representation of the appellant to this effect was rejected before coming into force of the Administrative Tribunals Act. 1985. The appellant then filed an application on 4-9-1989 before the Tribunal praying inter alia for proper fixation of his initial pay with effect from 1-8-1978 and certain consequential benefits. The application was contested by the respondents on the ground that it was time barred since the cause of action had arisen at the time of the initial fixation of his pay in 1978 or latest on rejection of his representation before coming into force of the Administrative Tribunals Act, 1985. The subsequent representations made by the appellant for proper fixation of his pay were alleged to be immaterial for this purpose.