UNION OF INDIA OTHERS Vs. BIBHASCHAKRAVORTY

JUDGEMENT

(1.) The only question which falls for consideration in this appeal is about fixation of pay of the respondents in the revised pay scale under the central Civil Services (Revised Pay) Rules, 1973 (hereinafter referred to as "the Rules").

(2.) The respondents were appointed as Staff Artistes in Doordarshan Kendra at Calcutta in September/october 1974. At the time of their appointment they were placed in the scale of Rs. 500-800. By notification dated 8/3/1977, the revised pay scales under the Rules were made applicable to the Staff Artistes in Doordarshan with effect from 1/1/1973. Under the Rules the scale of Rs. 500. 00-800 was revised to Rs. 650-1200. At the time of their appointment in 1974 the respondents were being paid Rs. 733. 00 per month (basic pay of Rs. 500. 00 plus Rs 163. 00 as DA/dp and Rs. 70. 00 as interim relief). Their fee/pay in the revised scale of Rs. 650-1200 in 1974 was fixed atrs. 650. 00 and the sum of Rs. 83. 00 was treated as personal pay to be adjusted against future increases. The grievance of the respondents is that their basic pay in 1974 should have been fixed at Rs. 775. 00 in accordance with Rule 7 of the Rules. They, therefore, approached the central Administrative tribunal, Calcutta bench (hereinafter referred to as "the tribunal") by the petition (OA No. 99 of 1987. The said petition has been allowed by the tribunal by the impugned judgment dated 6/11/1987. The tribunal has directed the appellants to revise and fix the fee/pay scale of the respondents on the analogy of Third Pay Commission's recommendations from their respective date of appointment as per the Rules.

(3.) Shri K. Lahiri, the learned Senior Counsel appearing for the appellants, has urged that the tribunal has failed to take note of the notification dated 1/6/1974 issued by the government of India which was applicable in the present case. The said notification deals with fixation of pay of persons appointed/promoted after 1/1/1973 and it provides as follows: