UNION OF INDIA Vs. R ARUNAN

JUDGEMENT

(1.) RESPONDENTS 1 to 3 went before the Central Administrative Tribunal, Madras Bench, in O. A. No. 1004/1999 to step up their pay in the cadre of Telecom Operating Assistant on par with their junior Smt. N. Kamala. The Tribunal, while disposing of the original application, directed the respondents therein to consider the case of the applicants for stepping up their pay on par with their junior Smt. N. Kamala with effect from 01. 01. 1996 and also for granting officiating status as Senior Telecom Operating Assistant with effect from 01. 01. 1994. A time schedule was fixed to implement the said order. The Tribunal also declared that by stepping up the pay to the applicants on par with their junior Smt. N. Kamala, the applicants are not entitled for arrears of pay and allowances. It is this order which is in challenge before this court by the Union of India in the writ jurisdiction. Heard Mr. K. Kumar learned Additional Central Government Standing Counsel appearing for the writ petitioners and Mr. Gnanasekaran learned counsel appearing for respondents 1 to 3.

(2.) IT is no doubt true that Smt. N. Kamala was junior in service to respondents 1 to 3 in the cadre of Telecom Operating Assistant. Telecom Operating Assistants are in Telecommunication Department. Due to induction of massive new technology in the Department, there was re-structuring in the year 1990. Therefore on such re-structuring, a cadre called Senior Telecom Operating Assistant was created, which post required trained staff. Separate qualifications were prescribed for appointment as Senior Telecom Operating Assistant. Smt. N. Kamala, who was junior to respondents 1 to 3 herein, was promoted on an adhoc basis to the post of Senior Telecom Operating Assistant, in which post she was drawing a higher salary than the salary drawn by respondents 1 to 3. The question is, in such circumstances, whether the pay of respondents 1 to 3 in the lower cadre i. e. , Telecom Operating Assistant, should be stepped up on par with their junior Smt. N. Kamala, who was shown to be drawing a higher salary on the promotion post? When a junior is shown to be drawing a salary in a cadre higher than the salary drawn by the senior in the same cadre, an anomaly in the pay would arise and then only to remove that anomaly, the pay of seniors would be stepped up to be on par with that of the juniors. In this case Smt. N. Kamala was not drawing a salary higher than that of respondents 1 to 3 in the cadre of Telecom Operating Assistant but she started drawing a higher salary only in the promotion post. Therefore there is no pay anomaly at all. Even as on date, respondents 1 to 3 have not been promoted as Senior Telecom Operating Assistants. As already stated, in our considered opinion, it is not open to respondents 1 to 3 to have their pay stepped up to be on par with the pay of their junior Smt. N. Kamala, which the said junior is drawing on an adhoc basis on the promotion post.

(3.) THE Tribunal had also directed the authority to grant respondents 1 to 3 herein, the officiating status as Senior Telecom Operating Assistant with effect from 01. 01. 1994. We have already referred to the proceedings dated 21. 04. 1995 wherein we find that to go to the post of newly re-structured cadre of Senior Telecom Operating Assistant, a minimum educational qualification of plus two and above is necessary. Not only that, such candidates must also come out successfully in the screening test for the post of Senior Telecom Operating Assistant. If they are the requirements to be complied with, we are unable to appreciate as to how the Tribunal, without applying it's mind to the above referred to requirements, directed the authority to give officiating status from 01. 01. 1994. For all the reasons stated above, we are of the opinion that the order of the Tribunal cannot be sustained and accordingly it is quashed. The writ petition is allowed. No costs.