LAWS(CA)-2015-8-21

S. JAMESRAJ Vs. UNION OF INDIA AND ORS.

Decided On August 31, 2015
S. Jamesraj Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.)

(2.) THE brief facts of the case of the applicant is under: - -

(3.) HEARD the learned counsel for the applicant and respondents and perused the records. The applicant has prayed for grant of financial upgradation to the scale of pay of Rs. 8000 -13,500/ - w.e.f. 4.7.2007 and also for fixing his Grade Pay at Rs. 5,400/ -. The applicant is working as Refrigeration Mechanic under the 3rd respondent. He joined service as Refrigeration Mechanic on 4.7.1995, in the scale of pay of Rs. 1,400 -2,300/ -. This is an isolated post with no promotional avenue. He has worked in the post for fifteen years. Since there was stagnation for more than 12 years in the post, applicant was granted 1st ACP to the scale of Rs. 5,000 -8,000/ - on 28.7.2009. When the new VIth CPC scale was implemented his pay was revised to Rs. 9,300 -34,800/ - with Grade Pay of Rs. 4,200/ -. According to the applicant the next available higher post in the department is that of Mechanical Supervisor in the pre -revised scale of Rs. 5,500 -9,000/ -. These officials were being granted ACP to the scale of Rs. 8,000 -13,500/ - i.e. the scale of pay attached to the post of Service Engineer. After merger of scales by VIth CPC, a Mechanical Supervisor had a Grade Pay of Rs. 5,400/ - whereas applicant has been granted Grade Pay of Rs. 4,600/ -.