GENERAL MANAGER MTNL Vs. JAGDISH KUMAR

JUDGEMENT

(1.) Learned counsel for the petitioner states that in compliance with the impugned order passed by the Tribunal the pay scale in which respondent No.1 has been directed to be placed has been made applicable to the respondent and further, since the respondent had already retired by the time the Tribunal decided in his favour, necessary pensionary benefits have been granted to the respondent.

(2.) We note that the corrigendum memorandum dated 14.8.1979 which directed that the office memorandum dated 12.10.1976 would read as caretaker in the scale `225-308 instead of Senior Caretaker Grade II was the subject matter of a challenge in W.P.(C) No.129/1980 filed in this Court. The writ petition was allowed on 25.3.1985 in which it was held that the corrigendum memorandum was illegal and that all those whose nomenclature was designated as Senior Caretaker Grade II vide memorandum dated 12.10.1976 would be entitled to be treated as Senior Caretaker Grade II and paid salary in the scale `330-480 in terms of the recommendations of the 3rd Pay Commission.

(3.) Respondent Jagdish Kumar was similarly situate as the writ petitioner of W.P.(C) No.129/1980. This fact is conceded by learned counsel for the petitioner.