LAWS(DLH)-2013-2-299

N.V. AYYAR Vs. UOI

Decided On February 07, 2013
N.V. Ayyar Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) THIS is a writ petition filed under Article 226 of the Constitution of India by the petitioner Sh. N.V. Ayyar seeking a writ order or direction to the respondents (respondent no.1 being the Ministry of Human Resource Development and respondent no.2 being the employer-School of Planning and Architecture) to fix the pay of the petitioner in the pay scale of Rs. 4500-5700-7300 w.e.f. 3.1.1989 (being the date of appointment of petitioner as the Registrar with respondent no.2) and to further re-fix the pay-scale on the higher pay-scale fixed of Rs. 14,300-18,300 w.e.f. 1.1.1996 and thereafter accordingly grant all monetary benefits to the petitioner including revision of pension.

(2.) THE petitioner has based his case on the communication/letter dated 2.11.1988 issued by the respondent no.1 sent to the University Grants Commission. As per this communication dated 2.11.1988, the pay-scale of a Registrar was fixed in the revised pay-scale of Rs. 4500-150-5700-200-7300, and to come into effect from 1.1.1986 in terms of para 4 of the letter.

(3.) THE respondent no.1 on 25.7.1994 did communicate a decision to upgrade the scale of pay with respect to the post of Registrar of respondent no.2 to Rs.4500-5700, however, as per para 3 of this communication dated 25.7.1994, the respondent no.2 was directed to make the benefit applicable only from the financial year 1994-1995. This communication was made after passing of the order dated 16.3.1995 in W.P.(C) No. 2720/1993. The respondent No.1 addressed the communication dated 24.12.1999 to the respondent no.2 whereby the respondent no.2 was informed that the revised pension with respect to the petitioner was to be stepped up to 50% of the minimum of the corresponding scale of pay (revised) as on 1.1.1996. The effect of this communication was that the petitioner was denied the benefit of the communication of the respondent no.1 to the University Grants Commission dated 2.11.1988 whereby the pay-scale of a Registrar was fixed as Rs.4500-7300/- (which is referred to above). It is this communication dated 24.12.1999 which is effectively in challenge in the present writ petition alongwith the subsequent Office Memorandum dated 11.5.2001 of the respondent no.2 and the consequent letter dated 28.11.2001 to the petitioner.