LAWS(CA)-2014-5-33

PANKAJ GROVER Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS AND THE DIRECTOR GENERAL, SHASHTRA SEEMA BAL

Decided On May 09, 2014
Pankaj Grover Appellant
V/S
Union Of India Through Secretary, Ministry Of Home Affairs And The Director General, Shashtra Seema Bal Respondents

JUDGEMENT

(1.) THE instant OA has been filed under Section 19 of the Administrative Tribunals Act, 1985. The applicant here is not aggrieved by any particular order of the respondents. Rather, he is aggrieved by the respondents not giving him pay scale of Rs. 14300 -18300/ - (Rs. 37000 -67000+GP of Rs. 8700/ -) despite the recommendations of the 5th Pay Commission and its acceptance by the Government.

(2.) THE case of the applicant briefly put is that he joined as Assistant Engineer (Civil) in SSB in the year 1989 and promoted to the post of Executive Engineer (Civil) on 23.12.1998 in the pay scale of Rs. 10000-325-15200 (Revised pay scale in PB -3 Rs. 15600-39100 with Grade Pay of Rs. 6600 as per 6th CPC) and thereafter in the year 2007, he was granted 2nd MACP in the pay scale of Rs. 15600-39100 with Grade Pay of Rs. 7600 w.e.f. 01.09.2008. He was finally promoted to the rank of Superintending Engineer vide the order dated 01.04.2009 in the pay scale of Rs. 12000-16500 (revised pay scale PB -3 Rs. 15600-39100 with Grade Pay of Rs. 7600/-). The applicant claims that he should have been placed in the replacement scale of Rs. 37400 -67000 + GP of Rs. 8700/-.

(3.) THE learned counsel for the applicant alleges that the respondents have deliberately avoided discussion of this issue in the counter affidavit.