D C ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B. Only a short question is involved in this case. We have heard learned Counsel for the parties and we proceed to dispose of this writ petition.

(2.) Petitioner, alongwith other candidates had appeared in Delhi Judicial Service Examination held in the year 1980. Though successful in the examination the petitioner was not given appointment as there was miscalculation in calculating the Scheduled Caste vacancies. The petitioner had filed legal proceedings and ultimately the Hon'ble Supreme Court vide judgment delivered on. titled Dal Chand Anand v. Union of India & Others, passed the following effective order :

(3.) The claim of the petitioner is that since he has been in service in view of the judgment of the Hon'ble Supreme Court he is entitled to have the higher grade of pay of Rs. 1200-1800 as he has rendered five years service. The time scale of the post in the Delhi Judicial Service is Rs. 700-1300 and it is mentioned that the senior scale of Rs. 1200-1800 would beavailable to the members of such service "after five years service, (emphasis on this). The contention of the petitioner is that since he has been given deeming appointment from the year 1980 he has to be deemed in service from that date and since he has completed five years service he is entitled to the senior scale of pay of Rs. 1200-1800.