PAI (R.P) Vs. UNION OF AND OTHERS

JUDGEMENT

(1.) This writ petition could be disposed of on a very short point.

(2.) Few facts relevant for disposing of the petition as under : By an order, dated 20 July 1979, the petitioner was appointed in grade II service of the Goa, Daman and Diu Civil Service in the pay-scale of Rs. 650-1,200. On 14 Jan. 1981, he was confirmed in that post. By an order, dated 16 Oct. 1981, which operated from 19 Oct. 1981, he was promoted to grade post on ad hoc basis and appointment order stated that he was to draw salary in the scale of Rs. 1,100-1,600. However, while he was occupying the said post as grade officer, and drawing the said salary the Administrator of Goa, Daman and Diu by an order, dated 24 Nov. 1983, fixed the pay of the petitioner and one other person at Rs. 923 per month with effect from the date of their taking over charge of grade post which was on 19 Oct. 1981. The order also directed the recovery of higher amount paid by monthly instalments of Rs. 100 from Dec. 1983. The legality of this order of reflation of his salary at a lower scale has been challenged in this petition. The challenge to the said order is mainly on the ground that Fundamental Rule 35 mentioned in the said memorandum allowing the Central Government to fix the pay of an officiating Government servant at an amount less then that admissible under the normal rules was-

(3.) Since we feel that the petitioners last contention was sufficient to dispose of the petition in this case, we do not propose to deal with the first two contentions of the learned counsel for the petitioner as to the constitutionality of the said Fundamental Rule 35 as well as its application in the present case.