GAN RAJ GANDHEWAR Vs. UOI

JUDGEMENT

(1.) THE petitioners had joined the Indian Army as Tailors and were placed in the pay scale Rs.210-290. On October 15, 1984, the two were placed in the pay scale Rs.260-400. With the implementation of the recommendations of the 4th Central Pay Commission, with effect from January 01, 1986 the two were placed in the pay scale Rs.950-1500, which was the replacement scale to the scale of Rs.210-290 and when the recommendations of the 5th Central Pay Commission were implemented with effect from January 01, 1996 they were placed in the pay scale Rs.3050-4590, which was the replacement scale to the scale of Rs.950-1500. In May 1999 they were placed in the pay scale Rs.2650-4000 on being informed that they were wrongly given the pay scale Rs.260-400 in the year 1984 due to an erroneous reading of certain orders passed by the Army Headquarters. The two were informed that tailors were semi- skilled workmen requiring to be paid salary in the pay scale Rs.210-290 and the corresponding replacement pay scales when the recommendations of the 4th and the 5th Central Pay Commission were implemented and not in the pay scale Rs.260-400, which was the pay scale of skilled workmen. Recoveries were sought to be effected.

(2.) VIDE impugned decision dated February 07, 2002 the Tribunal has upheld the action of the respondents in placing the petitioners in the pay scale Rs.2650-4000 but has quashed the recoveries sought to be effected.

(3.) THE Tribunal, in the instant case, has followed the decision of the Full Bench of the Mumbai Bench of the Tribunal.