INDIAN INSTITUTE OF FOREST MANAGEMENT Vs. R JAISWAL

JUDGEMENT

(1.) This appeal is by the defendant.

(2.) The pay-scale of the faculty members of the appellant institute was decided to be revised in terms of revised pay structure scheme as approved by the Ministry of Forest and Environment, Government of India. Accordingly, vide order dated 15-1-1992 options were invited from the faculty members for adopting the revised pay-scale, which was made to be effective from 1-1-1986. All the faculty members including the respondent opted for revised pay-scale in the prescribed form in terms of revised pay structure scheme. The existing pay scale of Rs. 1500-2000 of the post of Associate Professor was revised to Rs. 4,000-6,300/-. The pay of respondent was fixed at Rs. 4,500/- per month which was higher to the pay which he was getting prior to revision, i.e., Rs. 3698/-. However, the respondent claimed the benefit of two advance increments in the revised pay-scale on the ground that it was made effective with effect from 1-1-1986. The representation submitted by the respondent for grant of two advance increments in the revised pay scale was rejected by the Competent Authority. The respondent thereupon filed a suit seeking the relief of declaration and permanent injunction as well as for grant of arrears of salary.

(3.) The trial Court vide judgment and decree dated 21-4-1997 dismissed the suit preferred by the respondent. The Appellate Court vide judgment and decree dated 27-8-1998 reversed the decree of the trial Court and allowed the claim of the respondent for grant of two advance increments as well as arrears of salary. The Appellate Court held that vide order 9-1-1986 two advance increments were sanctioned to the respondent, therefore, the respondent is entitled to two advance increments in the revised pay-scale. It was further held that the plaintiff is entitled to an amount of Rs. 24,000/- for a period from 1-2-1986 to 30-2-1992 on account of arrears of salary. Accordingly, the decree passed by the trial Court was set aside and the suit of the respondent plaintiff was decreed.