T BALAKRISHNAN Vs. UNION OF INDIA ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel for the parties. This appeal is directed against that part of the order dated 16/2/1994 passed by the central Administrative tribunal, Madras bench in OA No. 290 of 1994 by which the office order dated 16/2/1994 issued by the government of India reducing the pay of the appellant on refixation of the pay has been upheld by the tribunal. The direction for recovery of overpayment has however been cancelled by the tribunal.

(3.) The appellant was appointed as Junior Engineer on 7/1/1963 and with effect from 1/1/1973 his pay was fixed at Rs. 425-700 in the cadre of Junior Engineer as per the recommendation of the 3rd Pay Commission. The appellant was appointed as Junior Engineer, Selection Grade, in the scale of Rs. 650-900 with effect from 1/8/1982. On 3/7/1987 under the central Public Works Department (Subordinate Offices) Junior Engineers Grade I and Grade II (Civil and Electrical) Recruitment Rules, 1987 (hereinafter referred to as 'the Rules') , the appellant was promoted as Junior Engineer (Grade 1 with effect from 1/1/19866. Under the rules which came into effect on 26/5/1987 promotion opportunities were given to the Junior Engineers and it was indicated that 75% of the total number of posts in the cadre of Junior Engineers would be Junior Engineers (Grade 1 in the pay scale of Rs. 1640-2900. It may be stated here that the pre-revised pay of Junior Engineer (Selection Grade) coincided with the revised pay for Junior Engineer (Grade 1. The appellant was further promoted as Assistant Engineer in the scale of Rs. 2000-3500 with effect from 13/9/1987.