L JADHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.L.Chandra Kumar, the learned counsel appearing for the petitioner and Mr.S.M.Deenadayalan, the learned Central Government Standing Counsel appearing for the respondents 1 to 3.

(2.) THIS writ petition has been filed praying for a writ of certiorarified mandamus to quash the order of the Central Administrative Tribunal, Madras Bench, dated 17.9.2003, made in O.A.No,465 of 2003, and the order, dated 12.11.2003, made in R.A.No,35 of 2003 and to direct the first and the second respondents to fix the pay of the petitioner at Rs.14,250/- in the scale of pay of Rs.12000-16500 with effect from 1.1.1996 and for other service benefits.

(3.) IT had been further stated that the fifth Central Pay Commission revised scales of pay came into existence, with effect from 1.1.1996. However, contrary to the provisions of the relevant Rules, the petitioner-s pay was wrongly fixed at Rs.13,875/-, as on 1.1.1996 and Rs.14,250/-, as on 1.1.1997. Therefore, the petitioner had made a representation, dated 9.1.2001, pointing out the discrepancies. The said representation was rejected by the second respondent by the proceedings, dated 15.3.2001, which was challenged before the Central Administrative Tribunal, Mumbai. By an order, dated 14.9.2001, the original Application was allowed by the Central Administrative Tribunal, Mumbai, directing restoration of the revised scales of pay of Rs.12,000-16500, with effect from 1.1.1996 and for the granting of the other consequential benefits. Thereafter, the order, dated 15.3.2001, had been cancelled by proceedings, dated 21.1.2002.