LAWS(KER)-2019-6-25

T.G.BABU PRAKASH Vs. UNION OF INDIA

Decided On June 14, 2019
T.G.Babu Prakash Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The applicants, who were working as Deputy Office Superintendents ('DOS' for short) in the Central Excise and Customs Department, the third respondent herein, point out to an anomaly regarding fixation of their pay scale following the Sixth Central Pay Commission(CPC).

(2.) The anomaly was on two grounds, first that they were not granted pay fixation benefits under FR 22(1)(a)(i) of the Fundamental Rules for promotion to the post of DOS from the post of Senior Tax Assistant, a feeder category for promotion as DOS. Secondly, the grade pay sanctioned for both the posts is similar and that being a promotion post, DOS should be given a higher grade pay of Rs.4,600/- in place of Rs.4,200/- granted by the Department.

(3.) OA No.285/2011 was filed before the Central Administrative Tribunal, Ernakulam Bench and the Tribunal vide the impugned order dated 25.1.2012 accepted the contention of the applicants regarding their entitlement for fixation of pay under FR 22(1)(a)(i) on promotion from the post of Senior Tax Assistants as DOSs, but rejected their claim for the higher grade pay of Rs.4,600/-. Aggrieved by this order obtained rejecting the grade pay, the applicants are before us in this Original Petition.