UNION OF INDIA AND OTHERS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) The Union of India and others have filed the instant writ petition challenging the order dated 10.07.2012 (Annexure P3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby T.A. No.12/PB/2012 filed by respondent No.2 has been allowed and the petitioners have been directed to grant him the upgraded pay scale of Rs. 14300-18300 with effect from the year 2000 when he became entitled thereto with interest at the rate of 9% per annum in view of the Government's notification dated 27.10.1997.'

(2.) We have heard the learned counsel for the petitioners and gone through the impugned order.

(3.) It has not been disputed before us that vide letter dated 27.10.1997 (copy of which has been placed on record as Annexure A3), in view of the revised upgraded pay scale of Superintending Engineers, vide notification of the Government dated 30.9.1997, Ministry of Finance has clarified that the upgraded pay scale will be admissible to those Superintending Engineers who are holding analogous and equivalent posts in all Group A Engineering Services and have completed in all a total service of 13 years in Group A. It is further undisputed fact that respondent No.2 was promoted as a Group A officer in Telecom Department in the year 1987. He was further promoted to the post of Deputy General Manager in the year 1997 and, thus, he had completed 13 years of service in the year 2000 as Group A officer in the Engineering Services, but the petitioners did not grant the benefit of upgraded pay scale of Rs. 14300-18300 to respondent No.2 on the ground that the said pay scale was available only for the members of Indian Telecommunications Service (for short 'ITS') and not to the members of Telegraph Traffic Service (for short 'TTS'), which, according to the petitioners, is not an organized Group A service. In this regard, the petitioners have relied upon a clarification dated 25.09.2000 (Annexure R1) issued by the Ministry of Communications, Department of Telecom Services which states that on receiving references from various Circles with regard to admissibility of the pay scale of Rs. 14300-18300 to the officers belonging to TTS, the matter has been examined in consultation with Department of Posts & Telegraph and it has been clarified that as TTS is not an organized Group A service the upgraded pay scale of Rs. 14300- 18300 is not applicable to them.