UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE above two writ petitions are directed against the common order passed by the Central Administrative Tribunal in O.A.Nos.99 and 100 of 2002 dated 1.2.2003, wherein the 2nd respondent in the above two writ petitions have assailed the correctness of the Office Memorandum issued by the first petitioner herein after the V Pay Commission, which denied the benefit of the stagnated increments already given to them.

(2.) THE facts of the case are that the 2nd respondent in the above writ petitions/applicants were appointed as Chemical Assistant Grade II dated 19.12.1964 and 11.1.1964 respectively. THEreafter, they were posted as Assistant Grade I in the year 1967. Subsequently, they were further promoted as Assistant Examiner during March 1975 and September 1995 respectively. Later, they were promoted as Chemical Examiner Grade II in the year 1996 and Chemical Examiner Grade I in the years 1997 and 1998 respectively and thereafter, they continued their services till they attained super-annuation in the year 2002 and 2001 respectively. THE applicants/the 2nd respondent in the above writ petitions had reached the maximum in the old pay scale before 1996 and hence, they were accorded three stagnated increments during the year 1992, 1994 and 1996 and as on 1.2.1996, their pay was Rs.3500 + Rs.300 as Personal Pay. While they were working as Chemical Examiners during the year 1996, V Pay Commission came to be implemented with effect from 1.1.1996. Consequent on the implementation of the revised pay scale as per the 5th Pay Commission, the benefit of stagnation increments, which were accorded to the applicants earlier, were denied. By virtue of the impugned Office Memorandum dated 22.7.1998, in paragraph No.3, it is stated that no Government Servant will become eligible for the first stagnation increment in the revised scale of pay before 1.1.1998. Consequently, the period, if any, spent at the maximum of the pre-revised scales will not be taken into account in determining the eligibility of the Government Servants to draw stagnation increments in the revised scales of pay. Similarly, the stagnation increment, if any, already earned in the pre-revised scales of pay will not be counted towards the maximum of three increments admissible in the revised pay scale. Hence, the 2nd respondent in the above writ petitions filed Original Applications before the first respondent Tribunal and the Tribunal, on consideration of the facts and circumstances of the case, allowed the said applications, directing the respondents therein to revise and re-fix the pay of the applicants by taking into consideration all the earned stagnation increments for the purpose of fixation of pay with the revised scale of pay and also consequent payment of pension. Aggrieved of the same, the petitioners are constrained to file the present writ petitions.

(3.) IN the result, the order passed by the Tribunal is set aside. The writ petitions are allowed. Consequently, connected W.P.M.Ps. and W.V.M.P. are closed. No costs.