UNION OF INDIA Vs. S V NAGARAJAN

JUDGEMENT

(1.) THIS writ petition has been filed by the Union of India, challenging the validity of the order dated 01. 05. 2002, passed by the Central Administrative tribunal, Principal Bench, New Delhi, (in short "the Tribunal"), allowing the OA no. 2388/2001 filed by the respondent herein Shri S. V. Nagarajan, whereby the tribunal has held that the respondent is entitled to the benefit of the upgraded scale of Rs. 22400-24500, retrospectively w. e. f. 1. 1. 1996, in terms of para 4 (a)of the Official Memorandum (O. M.) dated 30. 06. 1999 bearing No. 6/1/98-ICI issued by the Department of Expenditure, Ministry of Finance, Government of India. As to what this O. M. states would become clear a little later.

(2.) BRIEFLY stated, the facts of the case are that the respondent was appointed as joint Director in the Indian Cost Accounts Service (ICAS) w. e. f. 04. 09. 1982. Thereafter, Sh. M. L. Mehta and Sh. J. K. Puri, were appointed as Dy. Directors (Cost) in the said service. Admittedly, the respondent was senior to both Sh. M. L. Mehta and Sh. J. K. Puri. The respondent was appointed to the Senior administrative Grade (SAG) of Advisor (Cost) in the pay scale of Rs. 5900-6700 w. e. f. 21. 07. 1989 and thereafter, as Member (Finance) w. e. f. 31. 03. 1994 in the bureau of Industrial Cost and Prices, Ministry of Industry (herein referred to as BICP ). On 1. 1. 1996, all of them were holding the substantive post of advisor (Cost ). The respondent retired from service on 31. 01. 1998, on attaining the age of superannuation.

(3.) ON the recommendations of the Fifth Central Pay Commission (FCPC) being accepted, petitioner upgraded one of the posts of Advisor (Cost) to that of additional Chief Advisor (ACA) and revised its pay scale from Rs. 18400-22400 to rs. 22400-24500. This upgradation was notified vide notification dated 30. 6. 1999 bearing No. 6/1/98-ICI issued by the Department of Expenditure, Ministry of finance, Government of India. The petitioner, in pursuance of the said OM, fixed the pay of Sh. M. L. Mehta at Rs. 22400/- w. e. f. 01. 01. 1996 to 30. 4. 1996 (the date of his superannuation) and of Sh. J. K. Puri also at Rs. 22400/- w. e. f. 16. 09. 1996, respectively, with retrospective effect vide notifications dated 27. 7. 1999 (and corrigendum dated 4. 8. 1999), and dated 23. 7. 1999 respectively. Therefore, both Shri M. L. Mehta and Shri J. K. Puri were given the upgraded pay scale of Rs. 22400-24500 admissible for the post of ACA.