GANGA SINGH NEGI Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) THE petitioner in this writ petition is in second round of litigation. He was appointed as Assistant Manager (Legal) in MTNL w. e. f. 27. 3. 1995 in the pre-revised pay scale of Rs. 5400-9050/ -. He was thereafter promoted from Assistant Manager (Legal) to Deputy Manager (Legal) w. e. f. 20. 4. 1999 and thereafter from Deputy Manager (Legal) to Manager (Legal) on 23. 5. 2002.

(2.) THE petitioner while working as Assistant Manager (Legal) was aggrieved by fixation of his pay in the pay scale of Assistant Manager (Legal)from the date of coming into force of the revised pay scales He filed a writ petition in this Court being W. P (C) No. 1029/1998 and prayed for directions to the respondent to fix his pay correctly. During pendency of that writ petition the petitioner was promoted to the post of Deputy Manager (Legal) w. e. f 20. 4. 1999 and then to the post of Manager (Legal) w. e. f. 23. 5. 2002. The writ petition being W. P (C) No. 1029/1998 was disposed of by this Court vide order passed on 11. 8. 2003, which is extracted herein below.

(3.) ON the other hand, Mr. Ravi Sikri, learned counsel for the respondent has contended that the petitioner is not entitled to the pay scale of rs. 17500-22300/ -. However, he has contended that the petitioner could be given the pay scale of Rs. 16000-20800/-, which is next pay scale on provisional basis. In the reply it has been admitted that there has been some confusion regarding the equal pay scale of Assistant Managers and the Deputy Managers caused by the merging of both the pay scales in the year 1997 and till such time the confusion is sorted out by the competent authority of the respondent, the petitioner is not entitled to the pay scale as has been demanded by the petitioner.