UNION OF INDIA Vs. DEVI DUTT

JUDGEMENT

(1.) The respondents herein belong to the trade of Valveman and are serving in the Military Engineering Service (for short, 'MES'). Trade of Valveman, by MES, is treated as semi-skilled and the respondents are claiming that they should be upgraded as skilled and be given the pay scale of skilled grade with arrears with effect from 16.10.1981. Similary situated Valveman working in MES had approached Jodhpur Bench of the Central Administrative Tribunal by filing OA No. 51/2002 entitled 'Tulsa Ram v. UOI and Ors.' That OA was allowed by the Jodhpur Bench of the Tribunal vide orders dated 18.10.2003. Relying upon the judgment, the Tribunal has given the benefit to the respondents also.

(2.) We find that the Ministry of Defence, Government of India vide orders dated 21.7.2003 implemented the judgment in the case of Tulsa Ram (supra) and the order shows that it was made subject to outcome of the writ petition filed in the High Court and SLP in the Hon'ble Supreme Court.

(3.) From the perusal of the judgment of Jodhpur Bench of the Tribunal, which is placed on record by the respondents herein along with their counter affidavit, we find that the benefit of pay-scale of Rs.950-1500, which is the pay-scale of skilled category, was extended to those applicants on the ground that they were appointed as Valveman prior to introduction of Recruitment Rules, 1991 and, therefore, the said Rules would not be made applicable to them retrospectively.