BHARAT SANCHAR NIGAM LIMITED Vs. M SETHUMADHAVAN

JUDGEMENT

(1.) PETITIONERS in these petitions were the common respondents before the Central Administrative Tribunal ("CAT" for short). They approached CAT seeking a direction to the present petitioners to grant time bound upgradation in the scale of pay in the substantive cadre of Sub Divisional Engineer, to fix their pay accordingly and re-fix their pay consequently in the scale of pay of post cadre of Divisional Engineer which was extended to their juniors.

(2.) CONTENTION of the applicants before the Tribunal was that though they were seniors by way of longer length of service than their juniors, without any justification, there were two pay fixations to the juniors within a short span of nine months. One was on 1-10-2009 and another was on 30-6-2010.

(3.) ONE has to see whether the case of the applicants would attract one of the conditions referred to above so as to deny the benefit of stepping up of pay. This is argued for the first time by the department and even otherwise it is not open to them to say that the applicants have to establish that none of the conditions apply to them. It is for the department to establish that the applicants are not entitled for the benefit as their cases would attract one or the other conditions referred to at Sub Rule 23 or Rule FR 22.