UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF COMMUNICATION, NEW DELHI Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH, SITTING AT NAINITAL

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have challenged the judgment and order dated 11.6.2001 passed by the Central Administrative Tribunal, contained in Annexure No.6 to the writ petition.

(2.) THE sole contention of the learned counsel for the petitioners is that the fixation of pay of respondent No.2 in the pay scale of Rs. 2000 -3200/,.is incorrect and wrong as he was not entitled for the said pay scale on the ground that he was allowed to officiate as Head Post Master in the said pay scale. The Chief Post Master General, vide his letter dated 24.9.1991 permitted the respondent No.2 (applicant) to draw pay and allowances during the period 27.4.1990 to 11.6.1991 as an employee working in the pay scale of Rs. 1600 -3200/ - The said order reads as follows:

(3.) THE Central Administrative Tribunal has held that the applicant (respondent No.2 herein) has held, the post of HSG -I and the pay scale of HSG -I was Rs. 2000 -3200/ - and, accordingly, it was directed by the Tribunal to fix the pension of the respondent No.2 on the pay scale of Rs.2000 -3200/ -. It is not in dispute that the respondent No.2 was not regularly promoted on the post of Head Post Master Le. HSG -I. Therefore, his emolument was to be fixed according to Fundamental Rule 22 (I) (a) (1), which reads as under: -