UNION TERRITORY, CHANDIGARH ADMINISTRATION Vs. SMT. SUDESH RATHORE, P.T.I. GOVERNMENT MODEL SENIOR SECONDARY SCHOOL, SECTOR 21, CHANDIGARH

JUDGEMENT

(1.) This petition is directed against order dated 30.6.1997 (Annexure P1) passed by Chandigarh Bench of the Central Administrative Tribunal (for short, 'the Tribunal') vide which it allowed O.A. No. 494-CH of 1997 filed by respondent Nos. 1 to 13 - Smt. Sudesh Rathore and others against the withdrawal of the benefit of fixation of pay in the Central Pay Scale with effect from 1.1.1973.

(2.) Respondent Nos. 1 to 13 were initially appointed as Instructors in the National Discipline Scheme (hereinafter described as 'N.D.S. Instructors') framed by the Central Government under the programme titled "National Fitness Corps". In the year 1965, the Central Government decided to de-centralize the National Fitness Corps Programme and to transfer N.D.S. Instructors under the control of the governments of the States/Union Territories. However, that decision could not be effectively implemented till 1972.

(3.) In the meanwhile, respondent Nos. 1 to 13 gave option for absorption in the service of Union Territory, Chandigarh. They were finally absorbed in the service of Union Territory, Chandigarh as Physical Training Instructor in October, 1972. Their pay was fixed in the pay scale prescribed for that post by the Government of Punjab because the administration of Union Territory, Chandigarh had adopted Punjab Pay Scales for its employees.