UNION OF INDIA Vs. S ASHOK KUMAR

JUDGEMENT

(1.) BY order dated 17 -05 -2005,the Central Administrative Tribunal,ErnakulamBench in O.A.No.408 of 2004 had disposed of the case and a direction hadbeen issued to the Union of India and the Central Administrative Tribunal,Ernakulam Bench to grant the benefit of the scale Rs.5500 -9000 to theapplicant with effect from 01 -01 -1996 and to pay the arrears within two monthsfrom the date of the order.It had also been declared that the applicant wouldbe entitled to promotion to the post of Assistant Library &Information Officeron completion of three years in the upgraded scale of Rs.5500 -9000.Thedirection was to the following effect:

(2.) THE applicant in the Original Application(respondent herein)is working asJunior Librarian in the Central Administrative Tribunal,Ernakulam Bench.According to him,he was aggrieved by the non implementation of the accepted recommendations of the 4th and 5th Central Pay Commissions andconsequent denial of scales of pay as applicable to Library staff of otherCentral Government Ministries/ Departments.He is a Postgraduate and holdsPostgraduate degree in Library Science as well.While working as Sub Editor(Library)at the Central Reference Library,Calcutta,he had been selected bythe Staff Selection Commission and appointed as Junior Librarian in theCentral Administrative Tribunal,Ernakulam Bench with effect from27 -03 -1992.He is presently accommodated in the replacement scale of pay ofRs.5000 -8000.According to him,a representation highlighting his grievances,addressed to the Chairman,Central Administrative Tribunal dated 10 -10 -2003,did not evoke response and the application before the Tribunal(O.A.No.408of 2004)had been filed in the aforesaid circumstances.As could be seen fromthe representation,because of the non implementation of the OfficeMemorandum dated 24 -07 -1990 follow up measures were not coming up andhe was aggrieved by the non implementation of the Central Governmentdecision regarding the cadre restructure of Library staff of the CentralGovernment Departments.The posts of.Library staff in the CentralAdministrative Tribunal were created without study of cadre management andas a consequence he was finding it difficult to develop his career andprospects.

(3.) THE Tribunal had,as referred to earlier,granted the reliefs substantially,although it had been ordered that he would not be entitled to claimretrospective upgradation of the entry post.As a consequence,he was to begranted the pay scale of Rs.5500 -9000 with effect from 01 -01 -1996 andresultantly was to become eligible for promotion as Assistant Library andInformation Officer on completion of three years in the above said scale.Thisorder is now under challenge.