VED PRAKASH GUPTA Vs. UOI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 22.09.2009 in R.A. No. 173/2009 and order dated 13.05.2009 in O.A. No. 593/2007 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred to as "the said Tribunal").

(2.) WE have heard this matter at some length and we find that the main point urged before us is that the petitioner ought to have been given the scale of Rs. 2000- 3500 with effect from 01.01.1986 pursuant to the revision by the 4th Pay Commission. It has been contended before us that the petitioner was working as a Junior Engineer with the Beas Construction Board (B.C.B). Subsequently, the petitioner as also many others were declared as surplus employees. The petitioner was, thereafter, redeployed in the C.P.W.D. with effect from 15.04.1985. It has also been argued that the petitioner, while he served with B.C.B. was drawing a salary in the pay scale of Rs.700-1200. The Junior Engineers in C.P.W.D. at that point of time were drawing salary in the scale of Rs. 425-700. The plea of the petitioner is that since the petitioner had opted for the scale of B.C.B. as per the direction given by the Central Administrative Tribunal in O.A. No. 3009/2004, he was rightly placed in the scale of Rs. 700-1200 till 31.12.1985. However, he was wrongly placed in the pay scale of Rs. 1400-2300 with effect from 01.01.1986. According to the learned counsel for the petitioner the main plea of the petitioner is that the base scale of Rs. 700-1200 ought to have been considered in respect of the period with effect from 01.01.1986. Had that been the case, the petitioner would have been placed in the revised pay scale of Rs. 2000-3500. The petitioner, however, had been placed in the scale of Rs. 1400-2300 which was the revised scale of Rs. 425- 700.