UNION OF INDIA Vs. RAKESH PANDEY

JUDGEMENT

(1.) THE Union of India impugns the order passed by the Central administrative Tribunal, Principal Bench, New Delhi (for short 'the Tribunal')passed in O. A. No. 846/2006, filed by the respondents, whereby the Tribunal allowed their original application filed under Section 19 of the Administrative tribunal Act. The Tribunal, inter-alia, directed the petitioner herein to refix the pay of the respondents by counting the increments earned by them while working with temporary status, within a period of two months.

(2.) THE respondents were initially appointed as a casual workers sometime in year 1990-91. They were granted temporary status in October 1997. Respondent no. 1 and 2 were thereafter appointed to regular posts of Peon and Farash with effect from 22. 8. 2006 and 2. 3. 2006 respectively. During the period that they were holding temporary status, the respondents earned yearly increments in the pay scale of Rs. 750-940 (pre-revised) w. e. f. the dates of their being given temporary status. However when they were regularised in service, the petitioner sought to fix their pay at the minimum stage of the pay scale of Rs. 2,550-3200 i. e. at Rs. 2,550/- per month w. e. f. from their respective dates of regularisation thereby taking away the annual increments earned by them over a period of nine years in temporary capacity. This was challenged by the respondents before the Tribunal in the aforesaid O. A.

(3.) THE Tribunal relying on its earlier decisions in M. K. Rajan and Ors, V. Union of India in O. A. 606/2001 decided on 12. 10. 2001, in respect of which the special leave petition, being SLP (Civil No. 11667/02) was dismissed on 4. 8. 2003, and Nathu Singh and Ors. V. Union of India and Ors, 2002 (1) ATJ8 and Giriraj sharma v. UOI and Ors, O. A. No. 65 of 2005, decided on 2. 9. 2005 allowed the aforesaid O. A.