AMIT JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 5th November, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.3142/2009 titled as Amit Jain v. Union of India & Anr dismissing his original application seeking a direction to the respondents to grant him arrears of pay and allowances with effect from 1st August, 1989 or 7th August, 1989 at par with other similarly situated officers.

(2.) The petitioner had joined the Customs Department as an Appraiser after his selection by UPSC through Civil Service Examination, 1982 and was placed at the minimum scale of Rs.650- 1200/-. The petitioner was not given benefit of protection of pay last drawn by him in United India Insurance Company Ltd. The Department of Personnel and Training had issued an O.M dated 7th August, 1989 contemplating extension of benefit of protection of pay (pay plus dearness allowance) to the persons working in public sector undertakings, Universities, semi Government institutions and autonomous bodies, on their appointment as direct recruits. While appointing the petitioner as an Appraiser in the Customs Department since his pay in the United India Insurance Company Ltd was not protected, a representation dated 23rd August, 1995 was filed which was declined on the ground that the O.M was applicable only from 1st August, 1989.

(3.) Aggrieved by the decision not to grant pay protection under the O.M dated 7th August, 1989, the petitioner had filed an Original Application No.1146/1996 before the Administrative Tribunal, Mumbai seeking refixation of his pay and grant of the benefit of protection of emoluments drawn by him with United India Insurance Company, his previous employer.