UNION OF INDIA Vs. P V HARIHARAN

JUDGEMENT

(1.) This appeal is preferred against the judgment of the central Administrative tribunal, Emakulam bench, allowing OA No. 391 of 1991 filed by the respondents herein.

(2.) The respondents are Tool Room Assistants in the Integrated Fisheries Project (IFP) which is a wing of the Fisheries Department, the other wing being the central Institute of Fisheries, Nautical and Engineering Training Department (CIFNET). The pay scale of Tool Room Assistants in IFP was initially Rs. 85-128, revised to Rs. 210-290. The IVth Pay Commission prescribed a uniform pay scale of Rs. 800-1150 for two pre-existing pay scales, viz. , Rs. 210-270 and Rs. 210-290. The respondents thus came into the pay scale Rs. 800-1150.

(3.) The central government issued a notification under Rule 6 of CCS (CCanda) Rules classifying various posts into Groups A, B, C and D. Group comprised central civil posts "carrying a pay or a scale of pay with a maximum of over Rs. 1150 but less than Rs. 2,900. 00. Group D comprised civil posts "carrying a pay or a scale of pay, the maximum of which is Rs. 1,150. 00 or less". It is stated by the respondents that their post comes under "skilled" group and that as per the notification aforesaid, this category is placed in Group C. Reliance is placed upon Annx. A-8 to the writ petition which was a list of names of the posts in the Integrated Fisheries Department. Item58 of the said list, it was stated, includes the post carrying pay scale of Rs. 210-290 (which scale was later revised to Rs. 800-1150 in Group C. The appellants, who were respondents in the original application, opposed the respondents' claim. The tribunal held that inasmuch the post held by the respondents is included in Group C, they are entitled to the pay scale of Rs. 1150-2900. The original application filed by the respondents was allowed accordingly.