RANDHIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India in which challenge is made to the legality and propriety of the order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. No. 512 of 2000 dismissing the Original application filed by the petitioner for being fitted in the higher scale of Pay of Rs. 5500/ - - - 9000/ -.

(2.) THE case of the petitioner in nut shell is that, he was working as Radio Technician in the Department of Light Houses and Light Ships under the Ministry of Surface and Transport. The Director General (Opp. party No. 2) had issued an office order dated 15.1.1998 under Annexure - 1 according approval for grant of higher scale of pay of Rs. 5500 -175 -9000/ - to the Technicians (General/Electrical/Electronics/Diesel/lncharge) with effect from 1.1.1996. Since the petitioner was left out, he felt aggrieved and made a representation to opposite party No. 2 to upgrade his scale of pay on the basis of recommendation of the 5th Pay Commission, the extract of which is filed herewith as Annexure - 2. Since no order was passed on the said representation, the petitioner approached the Central Administrative Tribunal in O.A. No. 512 of 1998 praying for a direction to upgrade his scale of pay as per the recommendation of the 5th Pay Commission. The Tribunal, however, dismissed the original application filed by the petitioner, by its order dated 28.9.2000 (Annexure - 4), This order of the Central Administrative Tribunal is assailed by the petitioner in this writ petition.

(3.) FOR the above reasons, the impugned order of the Central Administrative Tribunal under Annexure -4 cannot be sustained and has to be set aside. The same is hereby quashed. The opposite • parties are directed to pass appropriate orders upgrading petitioner's pay scale to Rs. 5500 -9000/ - with effect from 1.1.1996 with consequential benefits within three months of receipt of the writ from this Court.