HARICHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner assails the order dated 19.1.2004 in O.A No.2295/03 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short, 'the Tribunal') dismissing his Original Application holding that he was not entitled to grant of stepping up of pay, by relying on the pay scale granted to one Shri Brahma. The Tribunal held that the petitioner's claim that he was senior to one, Shri Brahma was incorrect.

(2.) The petitioner was appointed as a Safaiwala/Sweeper in Vidhi Sahitya Prakashan on 1.9.1978. He claims that Shri Brahma was his junior, inasmuch as, he was appointed on 1.1.1981. He further claims that he was drawing pay in the scale of Rs.2610-4000 with effect from 1.1.1996. On 1.9.1999 his pay was fixed at Rs. 3300/-, while Shri Brahma got the same scale from 9.8.99 and his pay was fixed at Rs. 3370/-. This was claimed to be anomalous and in violation of Fundamental Rule 22(i)(a)(1). He has sought stepping up of his pay to ensure that he does not draw lesser pay than his junior Sh. Brahma. Since the respondent did not favourably deal with his representation, he preferred O.A. No.2295/03 which has been dismissed by the Tribunal.

(3.) The Tribunal held that the petitioner was appointed to the post of Peon under transfer quota w.e.f. 9.4.1991. On the other hand, Sh. Brahma, with whom the petitioner seeks parity of pay was directly recruited as a Peon w.e.f. 1.1.1981. The petitioner was specifically required by the Tribunal to show that he was appointed as a Peon on 1.9.1978 which he had failed to do. The Tribunal accepted the contention of the respondent that the petitioner was not senior to Sh. Brahma. The petitioner had already been granted in situ promotion w.e.f. 1.4.1995. The Tribunal, by placing reliance on the ACP Scheme (contained in OM dated August 9, 1999) rejected the claim of the petitioner.