SUDHANSU MALLICK Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) In this application filed under Sec. 19 of the Administrative Tribunals Act, 1985, the applicant who has been a Member of the Indian Defence Accounts Service and retired on 30.6.1986 from the post of Controller of Accounts (Factories), has prayed that he should be given the special pay of Rs. 250/ - per month sanctioned for that post from 2.5.1985 till he came over to the revised pay scale on the basis of the recommendations of the Fourth Pay Commission and thereafter, he should be allowed the revised pay scale of Rs. 7300 -7660 which is admissible to all those posts in the unrevised scale of Rs. 2500 -2750 plus a special pay of Rs. 250/ -.

(2.) We have heard the arguments of the Learned Counsel for both parties and gone through the documents carefully.

(3.) The facts are not in dispute. It is clear that the applicant held the post of Controller, of Accounts (Factories) from 2.5.1985 to 30.6.1986. It is a fact that against that post he was enjoying the basic of Rs. 2500 -2750. It is also admitted that by annexure 'A' order of the Ministry of Defence (Finance Division) dated 25.2.1986, a special pay of Rs. 250/ - per month was sanctioned "also for Controller of Accounts (Factories) Level I of SAG." The main thrust of the argument of the respondents is that this sanction of the special pay of Rs 250/ - p. m. was contingent upon creation of a Level II post under the Controller of Accounts and upgradation of the post of Controller of Accounts (Factories) at Abadi to Level I of the SAG and filing up of the upgraded post.