K P PANICKER Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant in O.A. No. 765 of 2001 on the file of the Central Administrative Tribunal, Ernakulam Bench is the petitioner and the respondents therein are the respondents in this writ petition. The petitioner has in this writ petition filed on 3-4-2008, prayed for setting aside Ext.P1 order dated 30-3-2007 passed by the Central Administrative Tribunal in O.A. No. 765 of 2001 and to grant the reliefs prayed for therein.

(2.) The petitioner entered service as a Mechanic in All India Radio at Bangalore on 31-3-1956. He was promoted as Senior Mechanic in the year 1965 and as Engineering Assistant in September, 1974. He retired from service on 31-1-1982 on attaining the age of superannuation while holding the post of Engineering Assistant in All India Radio, Thrissur.

(3.) By Annexure A5 order passed on 29-6-1990, the Central Administrative Tribunal, Madras Bench held that the Engineering Assistants in the Doordarshan Kendra, Madras who were in the scale of pay of Rs. 425-750 were entitled to be placed in the scale of pay of Rs. 550-990 with effect from 1-1-1978 as was given to Sound Recordists in Doordarshan Kendras following the recommendations of the third central pay commission. By Annexure A5 order passed in O.A. No. 654 of 1989, the Central Administrative Tribunal, Madras Bench, relying on the decision of the Apex Court in W.P.(C) No. 974 of 1978, held that Engineering Assistants were also entitled to the benefit of the order dated 21-12-1988 issued by the Ministry of Information and Broadcasting in the matter of placement in the scale of pay of Rs. 550-900. Annexure A5 order was delivered on 29-6-1990 and it was upheld by the Apex Court by order passed on 7-1-1991. Though the Central Administrative Tribunal, Madras Bench had thereafter allowed a review petition filed by the Union of India and set aside Annexure A5 order, the order passed in the review petition was set aside by the Apex Court by Annexure A6 order delivered on 25-11-1994.