UNION OF INDIA Vs. V. KRISHNAN

JUDGEMENT

(1.) THE respondent Nos. 1 to 6 on the one hand and the respondent No. 7 on the other, joined service in the Department of Telecommunications ('DOT' in short) as Telephone Operators in Group 'C' cadre and at the scale of pay in Grade -I. Pursuant to the option given by them, they were absorbed in BSNL from the date on its inception i.e., from 01 -10 -2000. The respondent Nos. 1 to 6 received all the three promotions(OTBP, BCR & 10%BCR) and reached Grade IV scale. Thereafter, they retired from service either by superannuation or by opting voluntary retirement. The respondent Nos. 1 to 6 filed an application before the Tribunal alleging that the respondent No. 7, who was junior in service to them, received about a sum of Rs. 500/ - per month more than them, which according to them was a pay anomaly, which has to be rectified.

(2.) A reply was filed by the petitioners contending that the respondent Nos. 1 to 6 got three promotions while working with DOT under Central Dearness Allowances ('CDA' in short) with effect from 01 -10 -2000. When respondent Nos. 1 to 6 were absorbed in BSNL, they were fixed in the corresponding Industrial Dearness Allowances ('IDA' in short) pay scale of 8570 245 12245 in BSNL. Adopting the principle of point -to -point fixation, the benefit of the number of increments earned by them in the earlier scale, was given effect to them and the pay was fixed as tabulated below:

(3.) THE Tribunal allowed the application by treating the above said difference in pay as an anomaly. Challenging the same, the present writ petition has been filed.