SECRETARY EDUCATION Vs. PURAN SINGH KHATKAR

JUDGEMENT

(1.) AT the outset it may be noted that the first respondent i.e. the contesting respondent is the sole holder of the post of Assistant Social Educational Officer (for short ,,ASEO) and has superannuated from service on 31.10.2002. With his superannuation no other person holds the said post as the cadre in which the post existed is a dying cadre. The financial impact of the decision passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ,,the Tribunal) in favour of respondent No.1 is a little less than Rs.60,000/ - for the entire duration which would be covered by the decision of the Tribunal. The pay which the respondent would be entitled to would be Rs.6500 -10500 as against Rs.5500 -9000 granted by the petitioner.

(2.) THE petitioner has filed the aforementioned writ petition aggrieved W.P.(C) No.19560/2004 Page 1 of 12 of the order dated 28.10.1997 passed by the Tribunal whereby the Original Application filed by the respondent being O.A.No.1690/2003 claiming replacement scale of the pay scale of Rs.5500 -9000 to Rs.6500 - 10500 has been allowed. While allowing the O.A., the Tribunal has observed as under: "17. In the result, for the aforesaid reasons, we partly allow this OA and direct the respondents to reconsider the claim of the applicant for grant of pay scale of Rs.6500 -10500 from 01.01.1996 till 30.12.2002, the applicant shall be entitled as a consequent arrears of pay and also revision of retiral dues. The process should be completed within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs."

(3.) THE Government of India after examining the matter decided that it was not feasible to extend the higher pay scale of Rs.6500 -10500 to the respondent at par with the post of PGT as the post of ASEOon which post the respondent had been working was not a teaching post.