MCD THROUGH ITS COMMISSIONER Vs. S.C. AGGARWAL

JUDGEMENT

(1.) THE petitioner Municipal Corporation of Delhi (MCD) has preferred this writ petition under Article 226 of the Constitution of India to assail the order dated 27.05.2011 passed by the Central Administrative Tribunal Principal Bench, New Delhi (CAT/ Tribunal), in TA No.439/2009, related applications and contempt petition, whereby the Tribunal held that the respondent applicant was entitled to, inter alia, pay & allowances in the rank of Assistant Engineer (Civil) from 22.10.1985 to 08.05.1989. Payment of interest @ 9% per annum has been directed on the difference in pay & allowances from the date the same was due till actual payment. Consequential revision of pension has been directed to be made on account of revision of his pay.

(2.) THE facts in brief are that the respondent joined as Junior Engineer (JE) in the petitioner MCD on 30.06.1962. He was promoted as Assistant Engineer (Civil) on current duty charge on 28.01.1981. Vide office order dated 29.05.1982, he was appointed as Assistant Engineer (Civil) on ad -hoc basis in the payscale of Rs.650 -1200. Further, vide order dated 13.12.1983, along with several others, the respondent was granted Selection Grade with effect from 01.08.1976 up to 27.01.1981.

(3.) THE respondent was reverted as JE with effect from 13.02.1985 in the light of the orders passed by the Supreme Court in W.P. No.9914/1979 titled ''Azhar Ali Khan & Others Vs. MCD & Others ''. On 18.02.1985, the respondent was assigned current duty charge of Sub -Engineer (Civil) in the pay scale of Rs.650 -1040.