ZARA SUKUMARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the arguments of Mr. Karthik Rajan, learned counsel appearing for the petitioners, Mrs. R. Maheswari, learned counsel for the first respondent and Mr. V.K. Rao, learned counsel representing Mr. M.T Arunan, learned counsel for the respondents 2 and 3 and have perused the records.

(2.) THESE writ petitions are filed by the petitioners against the common judgment dated 27.7.2005 passed by the Central Administrative Tribunal [for short, 'CAT'] in dismissing the Original Applications in respect of withdrawal of 40% fitment benefit and consequent recovery of amounts. But the CAT in the very said order protected the interest of the petitioners by restraining the respondents from making any recovery on account of excess payment paid due to pay revision given to the petitioners. The respondents have not challenged the said portion restraining the recovery of amounts.

(3.) AFTER the pay fixation was done, it was found that it resulted in glaring anamolies and the respondents ICMR by an order dated 09.7.2001 directed that pay of the staff appointed in running scales of pay working in various long term extra mural research projects will be revised with effect from 01.4.1998 by adding the fitment benefit of 40% of basic pay in the pre-revised scales of pay. This was given effect to in respect of the petitioners and they have also got arrears of pay consequent on such fitment done.