BISHAN DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(2.) AVERMENT has been made in the OA that the applicant was initially engaged by the Respondent Department as Mazdoor w.e.f. 29.4.1982. He was promoted as Tent Mender w.e.f. 11.1.1989 in the pay scale of Rs. 800 -1150. The pay fixation was done by the respondents at their own level without seeking any option from the applicant. Also the applicant being a low paid employee in Group D category was unaware of the technicalities of pay fixation. Although he was entitled to pay fixation after getting annual increment in the promotional post or after getting increment in a lower post as per FR 22 -C, he was not asked to exercise option by the respondents and the pay was fixed after granting him increment of the promotional post. The date of annual increment was also changed to January each year instead of from April each year.

(3.) THEREAFTER , the applicant submitted another representation on 5.7.2013 bringing it to the notice of the Respondents that his date of annual increment was changed from April 1989 to January 1990 therefore, he requested the respondents to correct his date of annual increment (Annexure A -2). The respondents then conveyed to the applicant vide impugned order dated 12.7.2013 (Annexure A -1) that the applicant did not opt for fixation of his pay after getting increment on the lower post which was required to be exercised within one month.