SAUGATA BANERJEE Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS application has been taken out for clarification and/or modification and/or amendment of my order dated May 16, 2000 in the light of true and correct interpretation Rule 21 of C.D.A. Rules, 1974. The brief recapitulation of the fact of this case is required.

(2.) THE writ Petitioner, viz., Saugata Banerjee on April 12, 2000 filed the writ petition impugning legality and/ or validity of his re -designation as Officer -on -Special Duty (O.S.D.) (Market -Planning), his transfer from headquarter to Mandya in M/s. Mandya National Paper Mills Ltd., Belagula with immediate effect and ultimate suspension order issued by the Respondent No. 2 being the applicant herein. The writ Petitioner is an officer of the Respondent No. 2. Under service condition the Respondent No. 2 passed several orders which are under challenge in the writ petition. On May 16, 2000 I passed an interim order amongst other as follows: ...Meanwhile there will be an interim order to the effect that the Respondents shall pay subsistence allowance to the writ Petitioner as permissible under the rules at Calcutta office where he last worked. The Respondents authority would be entitled to proceed with the disciplinary proceedings by issuing a charge sheet and the same shall be issued within a period of four months from date ....

(3.) THE Respondent -applicant is facing problem in view of the demand made by the writ Petitioner for payment of subsistence allowance at the revised pay scale which has been done during the pendency of the writ petition and subsequent to. passing of the interim' order on ' September 25, 2000. The Presidential Directive for revision of pay scale stipulates retrospective application thereof with effect from January 1, 1997.