P S SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave arises from the order of the Central Administrative Tribunal, Chandigarh Bench made in O.A.NO.857/CH/89 on December 13, 1991. The Tribunal has rejected the claim of the appellant.

(2.) The appellant argued in person. He contended that in view of the orders passed by this court in C. A.No.3685/87 on December 3, 1987, the appellant is entitled to the revision of pay-scales starting from Rs. 2,000/- w.e.f. November 1978 with annual increment @ Rs. 100/- which is not given to him. When this Court passed the order, the existing scale of pay was Rs. 1400/- to Rs. 2100/-, which was subsequently revised to Rs. 2200/- to Rs. 53. 4000/- and w.e.f. 1-1-1986 to Rs. 3700/- to Rs. 5300/-p.m. as noted in the counter-affidavit in paragraph 4 which reads thus:

(3.) Subsequently, the Government have revised the pay scale of the appellant from Rs. 3700/- to Rs. 5300/- on par with others. The grievance of the appellant is that instead of biannual the increments annually starting from the pay scale of Rs. 1400/- to Rs. 2100/- and proportionate revision thereof from time to time. It is seen that by proceedings dated January 28,1988, the efficiency bar was lifted w.e.f. November 1,1979. Thereafter his annual increment Rs. 100/- was given but he reached the maximum of Rs.2100/- as on 1-11-80. From 1-11-1981 in the revised scales, the appellant was given Rs.100/- as special pay. It would appear that there is a rule in the Punjab pattern that special pay of Rs.100/- was provided to every employee. Consequently when this Court had given the direction to pay Rs.100/- as annual increment, it would mean that the appellant would be entitled to the annual increments until he reaches the maximum of the pay scales. After reaching maximum of the pay-scale, the direction given by this Court of the payment of the annual increments would not form part of the pay scales but it must be considered to be special pay, since the directions given by this Court had become final. Consequently, he is entitled to the fixation of the payment of special pay of Rs.100/-every year till the revision in pay scale is effected and annual increment starts running. If the pay scale at the appropriate time again is in excess of pay which is directed to be made to the appellant, as soon as it reaches the maximum, then the pay would again form part of the special pay and not part of the pay-scales. Thus the order of this Court is required to be worked out.