DHANPATI RAM Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The appellant was employed with respondent No.2 Rural Electrification Corporation (REC) and retired from its service on 31.01.2004. On 19.07.2006 a meeting was held under the Chairmanship of Secretary (Power), Government of India. The discussions held in the said meeting were recorded by way of a Summary and to the extent it is relevant, the said Summary reads as under:-

(2.) WP(C) No. 8252/2007 was filed by the appellant, seeking a direction for implementation of the "decision" taken in the meeting dated 19.07.2006, regarding revision of the pay scales of respondent No. 2. The aforesaid writ petition was disposed of with a direction to Union of India to finalize the revised pay scales of the employees of REC, preferably within six months from the date of the receipt of the said order. Vide order dated 22.07.2010, the respondent No. 2 REC decided to provisionally adopt DPE pay scales with effect from 01.01.1997 and implement the revised pay scales with effect from 01.01.1997, as approved by its Board of Directors in the meeting held on 20.04.2009. This was a provisional decision pending approval of IDA pay scales of Board level and Below Board level Executives with effect from 01.09.1997 at par with Power Finance Corporation. It was further directed in the aforesaid Office Order dated 22.07.2010 that the pay of the Executives on the rolls of respondent No.2 REC on 31.12.2006 shall be reworked in the provisional pay scale.

(3.) Being aggrieved from the aforesaid Office Order dated 22.07.2010, the appellant filed WP(C) No. 2461/2011, impugning the Office Order dated 22.07.2010 inter alia on the ground that it was inconsistent with the "decision" dated 19.07.2006. The appellant also contended that the respondents could not have changed the aforesaid "decision" to his detriment. The aforesaid writ petition was dismissed by the learned Single Judge vide order dated 20.04.2011. Being aggrieved from the said order, the appellant filed LPA No. 893/2011. A Division Bench of this Court permitted the appellant to withdraw the appeal, with liberty to file a Review Petition before the learned Single Judge. The Review Petition having been dismissed vide order dated 27.01.2012, the appellant is before us by way of this appeal.