CHIEF GENERAL MANAGER, BSNL Vs. T SUNDAR

JUDGEMENT

(1.) All these writ petitions are filed by the Bharat Sanchar Nigam Limited (hereinafter called the BSNL), questioning the correctness of the orders passed by the Central Administrative Tribunal allowing the applications of the contesting respondents herein.

(2.) Heard Mr.K.Venkatramani, learned Senior Counsel appearing for Mr.P.R.Kumar, learned counsel for the petitioners and Mr.Karthik Mukundan, learned counsel appearing for the contesting respondents.

(3.) Admittedly, the contesting respondents were all working as Assistant Accounts Officers in the BSNL. All of them gained promotion to the post of Accounts Officer during the relevant year 1995. All the respondents had their next increment in the lower category of Assistant Accounts Officer due on 1.1.1996 or 1.2.1996. Therefore, they were entitled to exercise their option in terms of FR22(I)(a)(1) either (a) to have their pay in the promoted post straight away fixed with effect from the date of promotion or (b) to get the fixation in the promoted post after the accrual of next increment in the time scale of pay of the lower post. In case the Government servant who opts to get his pay fixed in the promoted post from the date of promotion, his pay in the promoted post shall be fixed at a higher stage above the figure arrived at by adding one notional increment on account of promotion to his pay in the lower post immediately prior to promotion. In case the Government servant who opts to get his pay in the promoted post fixed from the date of accrual of his next increment in the lower post than on the date of promotion, his pay in the pay band shall continue unchanged but the grade pay of a higher post will be granted. Re-fixation will be done on the date of his next increment by allowing two increments, one annual increment and the second on account of promotion. While computing those two increments his basic pay prior to the date of promotion shall be taken into account.