THE EXECUTIVE ENGINEER Vs. SHRI NARAYAN

JUDGEMENT

(1.) Rule DB. With the consent of the learned Counsel for the Petitioner, the Writ Petition is taken up for final disposal.

(2.) This Writ Petition challenges the order dated 18th September, 2006 passed by the Central Administrative Tribunal, Principal Bench in OA No. 2882 of 2005. The Respondent who was the applicant before the CAT, Principal Bench, New Delhi was working as Assistant Plumber with PWD of Delhi Administration. The applicant/respondent after completion of 24 years of service had been granted a second financial upgradation in the pay scale of Rs. 4000-6000 by the orders issued in March, 2002, but the same was withdrawn by the order dated 14th December, 2005 passed by the Superintendent Engineer (Respondent No. 3 before CAT) and the pay scale was reduced to Rs. 2750-4400.

(3.) The case set up by the Respondent before the Tribunal was that similar benefits were given to Shri Ram Niwas whose case was decided by the Tribunal vide judgement dated 29th October, 2004 in OA No. 2130/2003. It is not disputed as alleged by the Respondent that the Judgement in Shri Ram Niwas s case has become final. Other pleas raised by the Respondent were that the wages were reduced without giving an opportunity to the Respondent and no trade test of Plumber since 1979 had been held and he had been denied the benefit of ACP only on the ground that he had not passed the test of plumber and had passed the trade test only of Assistant Plumber. The Tribunal held as follows: