UNION OF INDIA Vs. R.K. JAIN

JUDGEMENT

(1.) IN these proceedings, the Union of India questions a decision of the Central Administrative Tribunal (CAT) by which the respondent's application for stepping -up of pay was allowed.

(2.) THE facts are that the respondent was promoted to the post of Scientist -F from Scientist -E on 01.07.2004. He continued to hold that post when the recommendations of the Sixth Pay Commission were implemented with effect from 01.01.2006. The implementation was in terms of a Notification issued at that time, and subsequently governed by the Central Civil Service (Revised Pay) Rules, 2008, made effective from 01.01.2006, and framed under proviso to Article 309 of the Constitution of India. On 01.07.2008, one Sh. J.K. Varshney, who was junior to the respondent in the cadre of Scientist -E was promoted as Scientist -F. His pay was fixed at Rs. 56030/ - The respondent's pay at that time was Rs. 54700/ -. The respondent complained that though he was senior in the cadre of Scientist -E, and was promoted as Scientist -F earlier to Sh. J.K. Varshney, the pay anomaly in that he was fixed in a pay scale at a stage earlier and was drawing lower pay than one junior to him, persisted. He represented against this unsuccessfully. The Controller General of Defence Accounts which dealt with the respondent's service conditions rejected his representation on 17.03.2011. He, therefore, approached the CAT.

(3.) IT was argued by the Union that the findings of the CAT are not sustainable. Reliance is placed upon the Office Memorandum dated 04.11.1993 of the Department of Personnel and Training, Govt. of India. It was further contended that even in terms of Fundamental Rules -22(FR -22), his case for stepping -up of the scales cannot be acceded to.