M G HANUMANTHA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) appellants were the petitioners who filed writ petitions; they sought the quashing of the order dated 29-12-1978 whereby the 2nd respondent regulated the fixation of pay of the non-executive employees promoted to an executive grade on or after 1- 1-1977; petitioners further sought for a direction to fix the basic/substantive pay of the petitioners in accordance with office order dated 10-7-1976, with effect from 1- 5-1979; consequential relief for the arrears of salary was also sought.

(2.) petitioners were holding the posts of group ix (non-executive cadre). On 31 stapril, 1978 there was an internal advertisement offering the employees in this cadre to seek the higher post in e.i. (executive) cadre. It was, only if sufficient number of existing group ix (non-executive) employees were not available, the executive posts were to be filled up by inviting applications from the eligible candidates from the public. The petitioners responded appropriately by filing their applications. The last date for filing the application was 30-9-1978. As on 31-8-1978 (when internal advertisement was issued) the pay scale of group ix (non-executive) employees, was Rs. 375-19- 413-20-673. However, by an order dated 20-9-1978, this scale was revised to Rs. 590-22-964, with retrospective effect from 1-1-1977. Accordingly, the scales of pay of the petitioners were revised, as per the principle evolved in mother order of the same date (20-9-1978); there was another order on 5-10-1978 giving the relevant equation chart. The respective pay drawn by each of the petitioners stood enhanced, by virtue of this revision of pay scale.

(3.) on 1-12-1978, a similar order revising the pay scale of e.i. (executive) grade was issued. Earlier, the pay scale of e.i. (executive) grade was Rs. 600-25-750-30- 900. The revised pay scale was Rs. 650-35-1035. On 29-12-1978 another order was issued, regulating the manner in which the pay scale of the promotees from non-executive cadre to the executive cadre, is to be fixed, consequent upon the revision of the pay scale, as aforesaid.