UNION OF INDIA Vs. SUKHVINDER SINGH SHAGUFA

JUDGEMENT

(1.) The short point involved in this matter is as to whether the petitioners are entitled to postpone the increment of the respondent from 1.3.1996 to 1.3.1997 relying upon the Office Memorandum dated 22.7.1998, which is available at page 151.

(2.) Briefly stating, the facts of this case are that the respondent who was working as Mono-Operator in Government of India Press, Faridabad, New Delhi after reaching the maximum in the pay scale of Rs. 1320-2040/- was conferred the next pay scale i.e. pay scale of Rs.1600-2600/- in terms of Office Memorandum dated 13.9.1991 w.e.f. 1.3.1996, which was applicable to his case at the relevant time and was conferred to him on 1.1.1996 instead of 1.3.1996 when the Fifth Pay Commission came into being and was made effective from 1.1.1996, the said pay scale was revised to the pay scale of Rs. 5000-8000/- with effect from 1.3.1996. An approval to this effect was also granted by the Ministry of Urban Development. In fact, even the Ministry of Finance also allowed the respondent to carry on in a pay scale of Rs. 5000- 8000/-. On 17.07.2000 the respondent was also granted the benefit of second financial upgradation to the next pay scale of Rs. 5500-9000/- w.e.f. 09.08.1999. Even though the respondent was retired from the service of the petitioners, his pension and retiral benefits were not settled earlier. He was informed that his pay fixation was in process. Later on his pay was reduced from May 2004 by one increment without any show cause notice by deferring the benefit of in situ promotion and ACP by one year. A sum of Rs.23,568/- was rather recovered from the DCRG of the petitioner.

(3.) Aggrieved of the aforesaid order, the respondent challenged the same before the Central Administrative Tribunal (for short "the Tribunal") but the said application was dismissed. Even a review application was dismissed. The respondent thereafter filed a writ petition before this Court, which was registered as WP(C) No. 3131/2006. In terms of the order passed by this Court in the said writ petition on 20.03.2007, the petitioners were directed to refund a sum of Rs.23,568/- with the following directions:- In case the respondents seek to take any action against the petitioner based on the premises which are found in the counter affidavit, such action for reduction of the petitioners pensionary dues and other retiral benefits can only be taken after issuing an appropriate show cause notice to the petitioner.