ADVISOR TO ADMINISTRATOR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The present writ petition has been filed by the Union Territory, Chandigarh Administration being aggrieved against the order dated 10.5.2002 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as, `the Tribunal') allowing O.A.No.766/CH of 2000 and also the order dated 6.8.2002 vide which Review Application No.103 of 2002 filed by the petitioners against the order dated 10.5.2002 was dismissed.

(2.) Briefly the facts leading to the filing of the petition are that respondents 2 to 9 who were working as Superintendent Grade-II in the office of Director Public Instructions (Colleges), Union Territory, Chandigarh had filed O.A.No.766/CH of 2000 claiming that they be granted the pay scale of Superintendent Grade-I with effect from 24.9.1996 which was the date when the office of Director, Public Instructions (Colleges), Chandigarh (also designated as Joint Secretary, Finance for Education Department, College cadre and Ministerial cadre), petitioner No.3 in the petition, had been declared as Head of the Department. This relief was claimed by the applicants on the strength of notification dated 18.10.1979 issued by the State of Punjab wherein it had been notified that Superintendents in the offices of the Head of the Departments would be re-designated as Superintendent Grade-I and would be entitled to the pay scale of Rs.825-1580/-. It was the further case of the applicants that this notification had been adopted by the Chandigarh Administration by its notification dated 13.1.1992 with effect from 1.4.1991. On a combined reading of the aforestated two notifications, respondents 2 to 9 had claimed that since they were Superintendents working in the office notified as office of Head of a Department, they were entitled to the pay scale of Superintendent Grade-I i.e. Rs.825-1580/- with effect from 24.9.1996 when the office of petitioner No.3 had been designated as that of Head of the Department.

(3.) The Tribunal allowed the claim of respondents 2 to 9. While allowing this claim, the Tribunal noted that similarly placed persons like respondents 2 to 9 had earlier filed O.A.No.565/CH of 1986, Krishan Lal Sethi v. Chandigarh Administration which was allowed by the Tribunal on 13.3.1991. Besides this, another set of similarly situated persons had filed O.A.No.1285/CH of 1992 which was also allowed on 3.1.1996. It was further noted by the Tribunal that the judgment of the Tribunal in O.A.No.565/CH of 1996 was also upheld by the Hon'ble Supreme Court by its order dated 10.7.1991. Therefore the Tribunal vide its judgment dated 10.5.2002 allowed the claim of the applicants and held that they were entitled to the pay scale of Rs.825-1580/- (pre-revised) with effect from the date the office of petitioner No.3 was declared as Head of the Department on 24.9.1996. It was, however, held by the Tribunal that the pay of respondents 2 to 9 would be fixed from 24.9.1996 on notional basis and they would not be entitled to arrears of pay. Chandigarh Administration filed a review application being R.A.No.103 of 2002 seeking recalling/review of the order aforementioned. However, the said application was dismissed by the Tribunal on 6.8.2002. It is therefore that the Chandigarh Administration has filed the present writ petition impugning the orders passed in the original application, as also the order rejecting the review application.