LAWS(SC)-1999-7-87

UNION OF INDIA Vs. ANIL KUMAR

Decided On July 13, 1999
UNION OF INDIA Appellant
V/S
ANIL KUMAR Respondents

JUDGEMENT

(1.) CLAIMS, rival claims and counter claims of the Senior Scientific Assistants (Junior Grade) in the pay scale of Rs. 1640-2900.00, the Assistant Foremen in the grade of Rs. 2000-3200.00 and Chief Draugtsman in the junior grade of Rs. 2000-3200.00 in the Aeronautical Development Establishment (ADE), Electronics and Radar Development Establishment (LRDE) and Gas Turbine Research Institute (GRTI) in the Defence Research and Development Organisation (DRDO) before implementation of DRTC are sought to be settled in these appeals which arise out of the orders passed by the Central Administrative Tribunals of Bangalore and Bombay Benches.

(2.) APPELLANTS in Civil Appeal Nos. 7316-7317/97 had filed OAs 2001 and 2041/95 in the Central Administrative Tribunal Bangalore Bench, praying for the issuance of direction to declare that their inclusion as Senior Scientific Assistants in the pay scale of Rs. 1640-2900.00 appointed upto 25-8-1995 in the grade IV of the DRDO Technical Cadre Research Recruitment Rules was arbitrary and discriminatory. They prayed for a further direction to the respondents to include all such SSAs also in grade II of category III along with Foremen and SSAs (senior grade) in the pay-scale of Rs. 2375-3500.00 and for granting them all the consequential benefits. The applications are shown to have been filed on behalf of the Scientific Workers Association which was claimed to be the recognised association by the Government of India.

(3.) BEFORE amendment of the Rules in 1995 the promotion to the post of JSO (Junior Scientific Officer) was made out of the SSA, Foreman and Chief Draughtsman. The then existing organisation was as under :- <FRM>JUDGEMENT_61_SCALE4_1999Html1.htm</FRM>