K B YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed the present writ petition under Article 226 of the Constitution of India aggrieved from the order passed by the Central Administrative Tribunal (hereinafter referred to as "the Tribunal") dismissing the OA No. 463/2001 filed by the petitioners for quashing/setting aside of the orders dated 05.02.2001 and 13.02.2001 whereby the fourth respondent directed reduction of pay scale of the petitioners and others from Rs. 16,400-20,000 to Rs. 14,300-18,300 on the ground that the higher pay scale was made admissible by the petitioners themselves without the approval of the Central Government.

(2.) The Tribunal vide order dated 17.09.2001 while dismissing O.A. No. 463/2001 directed the Central Provident Fund Commissioner (CPFC) to withdraw the enhanced pay scale of Rs. 16,400-20,000/- awarded to the petitioners and others and to reduce the same to the pay scale of Rs. 14,300-18,000/-. This order had been passed by the Tribunal in view of the provisions contained under Section 5D(3) to 5D(7) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') read with para 22A of the Employees Provident Fund Scheme 1952 (hereinafter referred to as 'the Scheme') by making the following observations:

(3.) The basic issue involved in this writ petition is "as to whether the Central Administrative Tribunal (hereinafter referred to as "the Tribunal") was justified in dismissing the O.A. No. 463/2001 filed by the petitioners for quashing/setting aside of the orders dated 05.02.2001 and 13.02.2001 issued by respondent No. 4 whereby the pay scales of the petitioners were reduced from Rs. 16,400-20,000/- to Rs. 14,300-18,300/-."