GEORGE MATHEW Vs. CHAIRMAN

JUDGEMENT

(1.) COMMON Order: the petitioners in W. P. Nos. 4551 and 4552 of 2001, are retired employees of the respondent Indian Institute of Technology (for short I. I. T.) They were working as Supervisors, Selection Grade at the time of their retirement. Infact, both the writ petitions are filed only after their retirement. The writ petitions are admitted on 12. 03. 2001. Subsequently, when the matter came up on 12. 08. 2003, the petitioners' request for interim prayer was rejected in these two writ petitions. On notice from this Court, the respondents have filed counter affidavits dated 03. 11. 2003 and additional counter affidavit dated 09. 09. 2008.

(2.) MR. Ajay Khose, learned counsel appearing for these two petitioners submitted that the petitioners were given five additional increments by an order dated 09. 06. 1995. It was stated in the said order passed by the respondent I. I. T. that the posts in Mechanical -B/senior Mechanic / Workshop Supervisor will be regulated notionally with financial benefits arising out of notional fixation from 01. 03. 1993. It is also stated that they will also be assessed under the Career Development Scheme as per their eligibility with fixation at five stages, above the pay that they normally get as a result of assessment under the Career Development Scheme. It is further stated that there will be a parity of pay in the higher scale of pay of Rs. 2000-3200/ -. In Paragraph No. 3 under the condition imposed, it was clearly stated that this fixation was personal to their pay. Accordingly, the two petitioners were given the benefit of additional increments.

(3.) SUBSEQUENTLY, the petitioners were informed by an office order dated 29. 06. 1996 stating that RCDS (Recruitment and Career Development Scheme) was approved by the competent authority and they have been brought under the Scale of Rs. 2000-60-2300-EB-75-3200 with effect from 01. 04. 1994 with financial benefits from 01. 04. 1994. When the 4th Central pay Commission pay scales were introduced, the consequent pay fixation was also done in respect of the petitioners. The petitioners were fixed on 01. 04. 1993 at the starting scale of Rs. 2300/-, on 01. 04. 1994 at Rs. 2375/-, on 01. 04. 1995 at Rs. 2450/- and on 01. 04. 1996 at Rs. 2525/ -. Consequent upon the introduction of RCD Scheme which was implemented with effect from 13. 09. 1986 or from the date of eligibility, a partial modification was done in the earlier order passed by the respondents and consequently, the petitioners pay underwent change.