UNION OF INDIA Vs. G RAJANNA

JUDGEMENT

(1.) Leave granted.

(2.) Questioning correctness of the judgment rendered by the Division Bench of the Karnataka High Court the Union of India and the Director, Central Poultry Breeding Farm Hassarghatta, Bangalore having filed these appeals. The controversy lies within a very narrow campass. The respondents who were working as Malis (Gardeners) claimed promotion on the basis of office memorandum dated 13th September, 1991 as modified by the office memorandum dated 6th November, 1991. Both the office memorandums related to Career advancements of Group 'C' and Group 'D' employees. Originally the employees were given a scale of pay of Rs.950/- - Rs.1540/- with a starting pay of Rs.950/- with effect from 1st April, 1991. Subsequently, it was clarified that they were entitled to lesser scale of pay i.e. Rs.775/- - Rs.1025/-. The basis of the claim of the employees was sub-para (f) of the office memorandum dated 13th September, 1991 which reads as under :-

(3.) The appellants placed reliance on Clause 2(c) and Clause 2(f) of the aforesaid office memorandum. After considering the rival stand of the Central Administrative Tribunal, Bangalore Bench (in short the 'CAT') which heard the original application Nos. 573, 666 and 667 of 1999 observed that the applicants cannot claim the scale of Lower Division Clerk by way of in-situ promotion. Therefore, the prayer made for relief was rejected by the CAT. The respondents-employees moved the Karnataka High Court in Writ Petition Nos. 30501-30503 of 2000. The High Court accepted the stand of the employees and observed as under :-