M.T.N.L. Vs. GANGA SINGH NEGI

JUDGEMENT

(1.) THE present appeal arises out of the decision of the learned Single Judge dated 28th August, 2008. Brief facts of the case are as follows:

(2.) THE respondent was appointed as Assistant Manager (Legal) in MTNL with effect from 23.3.1995 in the pre -revised pay scale of Rs. 5400 -9050/ -. He was thereafter promoted from Assistant Manager (Legal) to Deputy Manager (Legal) with effect from 20.4.1999 and thereafter from Deputy Manager (Legal) to Manager (Legal) on 23.5.2002. The respondent 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, accordingly, filed a writ petition in this Court being Writ Petition (Civil) No. 1029 of 1998 and prayed for direction to the appellants to fix his pay correctly. During the pendency of that writ petition, the respondent was promoted to the post of Deputy Manager (Legal) with effect from 20.4.1999 and then to the post of Manager (Legal) with effect from 23.5.2002. The Writ Petition (Civil) No. 1029 of 1998 was disposed of by this Court vide order dated 11.8.2003 which is extracted herein below:

(3.) THE respondent was aggrieved by the aforesaid communication dated 15/16.12.2003 and filed the writ petition out of which this appeal arises seeking quashing of the said communication as also the recommendations of the Committee dated 7.11.2003. The respondent also prayed for directions to the effect that his pay to the post of Manager (Legal) be fixed in the scale of Rs. 17500 -22300/ -. While the writ petition was pending in this Court, the appellants issued yet another office order dated 16.12.2004 which was in super session of all earlier orders in regard to the pay scale granted to the respondent right from the date of his appointment as Assistant Manager (Legal). The said office order dated 16.12.2004 reads as follows: