UNION OF INDIA Vs. K R THAMPI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment and order of the central Administrative tribunal, Ernakulam, made on 4/1/1996 in OA No. 462 of 1995.

(3.) The admitted position is that the respondent was appointed as a veterinary doctor on a temporary post in the pay scale of Rs. 650-1200 which was subsequently revised to Rs. 2000. 00-3500. After closure of the Dandakaranya Project, instead of dismissing him from service as an Administrative Officer, they adjusted the respondent as per the Deployment of Surplus Staff Rules. Initially, the respondent was allotted to the Scheduled Castes and Scheduled Tribes Commission on their willingness to receive him, but later on, he was not assigned any duty. On receipt of letter from the Commission, the respondent was allotted to the Geological Department as an Administrative Officer by offer dated 26/2/1987. The scale of pay therein also was the same as was of the Administrative Officer in the Dandakaranya Project, viz. , Rs. 2000-3500. He claimed the scale of Rs. 700-1300 which was subsequently revised to Rs. 2200- 4000. The tribunal has directed grant of the aforesaid relief. It is obvious that the scale of pay of Rs. 2200-4,000. 00 is higher scale of Assistant Director than the Administrative Officer to which post the respondent was appointed. On deployment to Geological Department, he cannot be fitted into a higher cadre than in which he was actually drawing the scale of pay. His services were transferred to Geological Department, Dandakaranya Project.