UNION OF INDIA Vs. ANJU NIGAM

JUDGEMENT

(1.) WE have heard Sri Satish Chaturvedi appearing for the petitioners. Sri K.C. Sinha has made submissions on behalf of respondent No.1 - Ms. Anju Nigam.

(2.) THE petitioners are aggrieved by the judgment of the Central Administrative Tribunal dated 20.2.2002, in Original Application No. 367 of 1995, by which it has declared the cut off date 1.8.1989, fixed in the Office Memorandum dated 7.8.1989, giving pay protection to the employees of the Public Sector Undertakings joining the Government service, as arbitrary and violative of Article of 14 of the Constitution of India. The Tribunal, while considering the question of delay between 15.5.1989 and 18.12.1993, found that since the cause of action was continuing, the applicant-respondent No.1 will be entitled to pay protection upto the date of her representation dated 19.12.1993 notionally, and the actual benefit would be applicable after that date.

(3.) THE Office Memorandum dated 7.8.1989, was issued, providing guidelines for fixing pay of candidates working in Commission by the method of recruitment by selection. The preamble of the order reads as follows:-