BHARAT SANCHAR NIGAM LTD Vs. M C VERMA

JUDGEMENT

(1.) This judgment shall dispose of Special Civil Application No. 11731 of 2004 and Special Civil Application No. 14468 of 2004 filed by the petitioner " Bharat Sanchar Nigam Limited against Shri M.C. Verma and Shri K.K.Chaturvedi respectively and Special Civil Application No. 2900 of 2004 filed by Shri K.K. Chaturvedi, seeking further relief that he would be entitled to all his retirement benefits in view of the salary to which he would have been entitled in light of the circular dated 27.10.1997, circular dated 9.2.98 and clarification dated 26.4.2001 ( at page nos. 37,40 and 41 respectively of the docket).

(2.) Respondent Shri M.C. Verma had joined the services with the present petitioner prior to 24.9.84. He was promoted to STS Grade on 24.9.84 and was thereafter promoted as Junior Administrative Grade [JAG] with effect from 9.8.86. It is to be noted that the STS Group and JAG are Grade "A" services. Shri K.K. Chaturvedi was also promoted to STS. Each of them filed Original Applications before the Central Administrative Tribunal. The case of Shri M.C. Verma was registered as O.A. No. 454 of 2001, while case of Shri K.K. Chaturvedi was registered as O.A. No. 133 of 2000.

(3.) On 27.10.1997, Government of India, Ministry of Communication, Department of Telecommunication issued Circular No. 1.1/97- PAT, observing that the Ministry of Finance has clarified that the upgraded scale will be admissible to such of those Superintending Engineers and those holding analogous and equivalent posts in all Gr."A" Engineering Services, who have completed, in all, total service of 13 years in Gr."A". The circular further said that the upgraded scale of Rs.14300-400-18300 would be given to all officers holding Junior Administrative Grade level posts belonging to Gr."A" Engineering Services of the Department of Telecommunication, who have completed in all a total service of 13 years in Gr. "A" with effect from 1.1.96. The circular further directed that pay fixation etc. of such officers may be done accordingly. From this circular dated 27th October, 1997, it would be clear that the benefit was to be extended to all such persons who had completed service of 13 years in JAG level post on or before 1.1.96. It appears that the said department issued yet another Circular No.1-1(18)/97-PAT, dated 9.2.98. The circular said that to the officers who will be completing 13 years of service after 1.1.96, revised pay-scale should be given from the date of completion of 13 years of service in Gr."A" under fundamental rule 22(1)(A)(2). It was also observed in the circular that the length of service in Gr. "A" may be counted as per DOP&T O.M. No.19/1/86- PP, dated 13.8.87, according to which, an officer will be eligible for grant of scale of Rs. 14300-400-18300 when he enters the 14 years of service on the 1st July of the year calculated from the year, following the year of examination on the basis of which the officer was recruited.