VINOY KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment dated 1 09. 2015 passed by the Central Administrative Tribunal dismissing OA No. 4008/2013 filed by him praying inter alia for quashing/setting aside the order of reduction in pay, issued by the respondents/Postal Department as also the order directing recovery of an excess amount of Rs. 53,181/- from him.

(2.) The brief facts of the present case are that the petitioner was appointed to the post of a Postal Assistant in the Department of Posts on 15. 06. 1983. He had successfully qualified in the accounts examination in the Post Office and Railway Mail Service (in short 'PO & RMS') in August, 1995 and was appointed as PO & RMS Accountant on 2 9. 1995. At that point in time, the petitioner was granted a special pay of Rs. 90. The relevant provision in respect of treatment of such special pay for the purpose of fixation of pay on promotion, has been set out in para no. 18 of FR & SR, which is reproduced herein below for ready reference:-

(3.) When the recommendations of the 5th Central Pay Commission were implemented, the special pay granted to PO & RMS Accountants like the petitioner herein was re-designated as 'special allowance'. Since, special pay was redesignated as a special allowance and made effective from 1. 8. 1997, in terms of OM dated 22. 4. 1998 issued by the DOPT the said allowance could not be treated as a part of the pay, resultantly, it was not merged with the pay of PO & RMS Accountants on promotion.