LAWS(MAD)-2007-6-159

UNION OF INDIA Vs. G CHANDRAN

Decided On June 12, 2007
UNION OF INDIA, REP. BY ITS CHIEF GENERAL MANAGER Appellant
V/S
G. CHANDRAN Respondents

JUDGEMENT

(1.) THE Union of India represented by its Chief General Manager(S), Telecommunications, Tamil Nadu Circle, Chennai-600 002 and the Assistant General Manager(S), Telecommunications, Tamil Nadu Circle, Chennai-600 002, are the petitioners. THE challenge in the Writ Petition is to the order of the Central Administrative Tribunal passed in O.A.No.636 of 2000, dated 4.4.2001.

(2.) THE first respondent was the applicant before the Tribunal. THE issue relates to grant of promotion for the post of Section Supervisor (Operative) under "One Time Bound Promotion" Scheme (hereinafter referred to as 'OTBP') with effect from 6.12.1996. As a matter of fact, one Thiru. A. Periasamy who was senior to the first respondent opted to go under the restructured cadre under the OTBP scheme. Irrespective of the exercise of such option, by virtue of Circular No.27-4/87-TE-II(2), dated 16.10.1990, even the officials absorbed in the restructured cadre were entitled to draw pay in the OTBP Scheme in the previous cadre if it is advantageous to them.

(3.) WHEN the first respondent challenged the said proceedings dated 16.3.1999 issued to him, withdrawing the benefit of OTBP granted to him in the letter dated 12.6.1997, the Tribunal, by the order impugned in this Writ Petition, took the view that at best, the persons who moved into the restructured cadre of Senior T.O.A., would only be entitled for stepping up of the pay on par with that of their juniors who happened to draw a higher pay scale by virtue of the grant of OTBP.