CHANDIGARH ADMINISTRATION THROUGH SECRETARY EDUCATION AND OTHERS Vs. BHAJAN SINGH RETIRED A.E.O. AND OTHERS

JUDGEMENT

(1.) This petition is directed against order dated 18.3.1998 passed by the Central Administrative Tribunal, Chandigarh Bench (for short, 'the Tribunal') in O.A. No. 1001 of 1997.

(2.) Respondent no. 1-Bhajan Singh joined service as Instructor in National Discipline Scheme. On de-centralisation of the scheme, he was absorbed in the service of Union Territory, Chandigarh as Physical Training Instructor w.e.f. 23.10.1972. His pay was fixed in the pay scale prescribed for the post in the State of Punjab because the Administration of Union Territory, Chandigarh had adopted the Punjab Pay Scales for its employees. Later on by mis- interpreting the Government of India's decision, which was circulated vide letter dated 9.5.1986 (Annexure A3), his pay was fixed by District Education Officer, Chandigarh (Petitioner no. 3) in the Central Pay Scale w.e.f. 1.1.1973. He was also paid arrears accruing to him as a result of such fixation.

(3.) In 1994, Accountant General, Union Territory, Chandigarh objected to the fixation of pay of respondent no. 1 and other similarly situated persons in the Central Pay Scale by pointing out that the benefit of that scale could be given only to those N.D.S. Instructors, who had been absorbed in the services of the States/Union Territories on or after 1.1.1973 and not to those, who were absorbed prior to that date. Thereupon, Director, Public Instructions (Schools), Union Territory, Chandigarh (Petitioner no. 2) issued memo dated 12.9.1994 to petitioner no. 3 requiring him to refix the pay of respondent no 1 and other N.D.S. Instructors after withdrawing the benefit of the Central Pay Scale and also recover the excess amount paid to them.