PRINCIPAL SAINIK SCHOOL, NAGROTA Vs. JEYARAMAN

JUDGEMENT

(1.) Shri A. Jeyaraman- respondent no. 1 herein, was appointed as Assistant Master TGT (Trained Graduate Teacher) vide order No. SSN/363/MO dated 06.12.1993 in the grade of Rs. 1400-2600 in Sainik School Nagrola, run by Sainik School Society, Sena Bhawan, New Delhi. Shri Radhey Sham Dayal, a colleague of the respondent no. 1 was appointed as Art Master (TGT)in the same grade i.e. Rs. 1400-2600 vide order No.SSN/12/MO dated 27th January, 1994 i.e. little less than two months, after the appointment of respondent no. 1. The respondent no. 1 and Shri Radhey Sham Dayal were allowed to draw their annual increment in the month of December and January respectively.

(2.) The Central Government in the year 1997 decided to revise the pay scales of their employees in terms of recommendations of 5th Central Pay Commission w.e.f. 1st January, 1996. The decision prompted the Central Government to make Central Civil Services (Revised Pay) Rules, 1997. The Sainik School Society vide its decision notified on 4th March, 1998, decided to implement recommendations of 5th Central Pay Commission to the staff of Sainik Schools, subject to the conditions set out in the communication No.12(4)/97/D/(SCC) addressed by Under Secretary, Sainik School Society to the Principals of all Sainik Schools. The decision taken by the Sainik School Society made it necessary for the authorities of each of the Sainik Schools to fix the pay of academic and non-academic staff of the schools in revised pay scales in term of recommendations of Central 5th Pay Commission

(3.) The appellant while fixing the pay of respondent no. 1 pre-poned the date of increment to month of June, whereas in case of Shri Radhey Sham Dayal, the date of increment was left unaltered. The pay fixation in revised pay scales resulted in variation in the pay of the respondent no. 1 and Shri Radhey Sham Dayal. Though, the respondent no. 1 and Shri Radhey Sham Dayal were initially appointed in the same pay scale, yet on fixation of their pay in terms of recommendations of 5th Central Pay Commission. Shri Radhey Sham Dayal was paid more salary than the salary paid to the respondent no. 1.