UNION OF INDIA Vs. S THAKUR

JUDGEMENT

(1.) The instant appeal is directed against order dated January 11, 2002, rendered by Division Bench of the High court of Delhi in Civil Writ Petition No. 216/2001 by which the direction given by the Central Administrative Tribunal Principal Bench, New Delhi to the appellants, to grant to the respondent, who retired on January 31, 1997 as Assistant Director, Intelligence Bureau, upgraded scale of Rs. 12000-16500 with effect from January 1, 1996, vide judgment dated January 23, 2001 in O.A. No. 2185 of 1999, is upheld.

(2.) The Fifth Central Pay Commission was set up by the Government of India vide Resolution dated April 9, 1994. The Commission submitted its Report on January 30, 1997 relating to structure of emoluments, allowances, benefits to be paid to the Central Government employees including Union Territories, Members of All-India services and personnel belonging to the Armed forces. Apart from revising the pay scale of employees at each stage, the Commission recommended that out of 52 posts of Assistant Director in Intelligence Bureau, 40 posts be upgraded and placed in the pay scale of Rs. 3700-5000 whereas 12 posts be upgraded as Joint Deputy Director and placed in the pay scale of Rs. 4500-5700. Vide Government order dated October 16, 1998, 40 posts of Assistant Directors were placed in the pay scale of Rs. 12000-16500 corresponding to pre-revised scale of Rs. 3700-5000 and the remaining 12 posts were placed in the scale of Rs. 14300-18300 corresponding to pre-existing scale of Rs. 4500-5700 and re-designated as Joint Deputy Directors. It was also mentioned in the said order that the implementation of the orders involved restructuring of the Executive cadre and redistribution of posts and therefore higher scales would be applicable only prospectively, i.e., from October 1, 1997. The incumbents, who were similarly situated, were granted benefit of higher pay scale with effect from January 1, 1996. Therefore, the respondent who retired from service as Assistant Director (Executive) on January 31, 1997 gave a representation that the benefit of upgraded scale be extended to him from January 1, 1996. The said representation was rejected on July 13, 1999. Feeling aggrieved the respondent filed original application No. 2185 of 1999 before the Central Administrative Tribunal Principal Bench New Delhi with a prayer to direct the appellants to grant benefit of upgraded scale to him with effect from January 1, 1996.

(3.) The Tribunal sought a clarification from the Learned Counsel of the appellants as to whether any restructuring of cadre and redistribution of posts was actually involved insofar as Assistant Directors were concerned. The Tribunal was informed that no such restructuring of cadre and redistribution of posts were involved as far as those 40 posts were concerned and changes were required to be made only in regard to the remaining 12 posts which were earmarked for upgradation. Under the circumstances the Tribunal found that Assistant Directors (Executive) in the group of 40 could have been placed in the higher grade with effect from January 1, 1996 itself and delaying the benefit of revision of pay scale till October 1, 1997 was unreasonable. Therefore, by Judgment dated January 23, 2001, the Tribunal directed the appellants to grant the upgraded scale of Rs. 12000- 16500 to the respondent with effect from January 1, 1996.