R.C. KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is aggrieved by impugned O.M. dated 10.05.2013 issued by the respondents by which he has been denied the grade pay of Rs. 5400 in PB -2 w.e.f. 01.01.2006.

(2.) THE facts of the case are that the applicant was promoted on the post of Administrative Officer in the Wireless Monitoring Organization on 19.12.1995. After the V CPC recommendations were accepted by the Government, he was placed in the pay scale of Rs. 6500 -10500. When the VI CPC recommendations were implemented, the applicant was granted PB -2 with grade pay of Rs. 4200 w.e.f. 01.01.2006 vide order dated 25.09.2008. Separately, DoP&T had introduced non -functional scale of Rs. 8000 -13500 w.e.f. 13.11.2003 for those who had completed 04 years of service in the scale of Rs. 6500 -10500. On 26.03.2009 the respondents issued another order superseding their order dated 25.09.2008 fixing the pay of the applicant in PB -2 with grade pay of Rs. 5400 stating therein that the applicant had rendered 04 years of service in the pay scale of Rs. 6500 -10500 by 01.01.2006 and was, therefore, eligible for grant of the non -functional scale.

(3.) WE have considered the submissions of both sides and have perused the material on record. The applicant s counsel has relied on various judgments in support of his case. We deal with each one of them as hereunder: - -