UNION OF INDIA Vs. V ESWARAYYA

JUDGEMENT

(1.) HEARD Mr. O.V. Krishnan, learned counsel appearing for the petitioners and Mr. L. Chandrakumar, learned counsel appearing for the first respondent.

(2.) WITH regard to the question relating to the scale of pay applicable to the concerned employee/first respondent, the Madras Bench of the Central Administrative Tribunal, by relying upon the decision of the Central Administrative Tribunal, Principal Bench, Delhi dated 25.05.2007, has observed that the employees are entitled to receive their salary in the pay scale of Rs.8000-13,500/- and the refixation of salary by Office Memorandum by reducing the same is not proper and there cannot be recovery of any amount already paid to the employees.

(3.) IT is stated that in the meantime the employee/first respondent has retired, but the pensionary benefits have not been settled because of the pendency of the dispute. IT is, therefore, further observed that without prejudice to the contentions of the first respondent, his pension may be calculated and paid to him on the basis of the revised scale of pay as per the office memorandum. However, in case, ultimately it is found that such person is entitled for higher pay by virtue of the fixation of the scale of pay under the Rules and his contention is accepted by the Supreme Court, the Department would be obliged to pay the differential amount to the first respondent at that stage. This may be implemented within a period of three months from the date of receipt of a copy of this order. Subject to the above observation the writ petition is disposed of. No costs. Connected miscellaneous petition is closed.