UNION OF INDIA Vs. DHARAM RAJ DINKAR

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. 659/2006, filed by the respondent, whereby the Tribunal allowed his 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 respondent by reckoning the increments earned by him while working with temporary status, within a period of two months.

(2.) THE respondent was initially appointed as a casual worker in april 1990. He was granted temporary status on 10. 11. 1997. He was thereafter appointed to a regular post of Peon with effect from 22. 8. 2005 vide order dated 1. 9. 2005. During the period that he was holding temporary status, the respondent earned yearly increments in the pay scale of Rs. 750-940 (pre-revised)w. e. f. 10. 11. 1997. However when the respondent was regularised in service, the petitioner sought to fix his 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. 22. 8. 2005 thereby taking away the annual increments earned by the respondent over a period of eight years in temporary capacity. This was challenged by the respondent 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) ATJ 8 and giriraj Sharma v. UOI and Ors, O. A. No. 65 of 2005, decided on 2. 9. 2005 allowed the aforesaid O. A.