SHANKAR SINGH Vs. UOI AND ORS.

JUDGEMENT

(1.) Aggrieved from the order of the Central Administrative Tribunal, Principal Bench, New Delhi dated 23.07.2003 in O.A. No. 2268/2002, the petitioner has preferred the present writ-petition under Articles 226 and 227 of the Constitution of India for setting aside the aforesaid order and for issuing necessary directions to the respondent. The present writpetition is arising out of above-mentioned O.A. on the basis of the rejection of the petitioner's representation dated 06.08.2001.

(2.) The brief facts of the case are that the petitioner, an exserviceman/qualified draughtsman after release from the Army where he served for eighteen years, was appointed as draughtsman in the scale of Rs. 1400-2300/- on 12.09.1991, for which the revised pay scale after the recommendations of the Fifth Central Pay Commission were accepted, stood at Rs. 5000-8000/-. However, the respondents had fixed him in the pay scale of Rs. 4500-7000/- which is nowhere found in the entire recommendations of the Fifth Central Pay Commission. The petitioner had filed representation to this effect but finding no response from the respondent, filed an O.A.-296/2002 before the Tribunal which was disposed of on 06.08.2002. The Ld. Tribunal passed the directions to the respondents to pass a reasoned order in the aforesaid O.A. The respondents, thereafter, in compliance of the aforesaid order, passed an order dated 12.04.2002. Aggrieved from the said order, the petitioner filed O.A. before the Ld. Central Administrative Tribunal, and the Central Administrative Tribunal relying on the reason given by the respondent dismissed the aforementioned O.A. and the petitioner aggrieved from the said order has filed the present writ claiming the pay scale of Rs. 5000- 8000/- as per the Fifth Central Pay Commission's recommendations w.e.f. 01.01.1996. The petitioner is claiming the pay scale of Rs. 5000- 8000/- as he is already drawing the pay scale of Rs. 1400-2300/- as per order dated 30.06.1998. Hence the present writ.

(3.) The learned counsel for the petitioner argues that the petitioner was wrongly placed in the pay-scale of Rs. 4500-7000/- vide order dated 30.06.1998. It is contended that since the pay-scale of Rs. 1400-2300/- has been replaced by the pay-scale of Rs. 5000-8000/- by the Fifth Central Pay Commission, the petitioner should have been granted the pay-scale of Rs. 5000-8000/- and not the pay-scale of Rs. 4500-7000/-.