UNION OF INDIA Vs. KADAR SINGH

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petition is directed against the order of Central Administrative Tribunal seeking the benefit of pay protection of respondent No. I which he was drawing at the time of his recruitment through Union Public Service Commission to Indian Bureau of Mines from his immediately predecessor employer 'Rajasthan State Mineral Development Corporation Ltd.' a Public Sector Undertakings of the State of Rajasthan wherein he was serving since 13.5.1983. The petitioner has extended pay protection to the respondent No. 1 w.e.f. 1.4.1992 instead of from 26.2.1990 the date when he was so recruited. The respondent No. 1 has approached Central Administrative Tribunal for seeking redress against not protecting his pay which he was drawing from the Public Sector Undertakings at the time of his recruitment with Indian Bureau of Mines from the date of recruitment but only from a later date. He placed reliance on the office memorandum of pay protection issued by the Central Government on 7.8.1989 which was in force at the time when the respondent was recruited to the Central Government services. The petitioners defended their action of extending pay protection w.e.f. 1.4.1992 on the ground that the guidelines in respect of protection of pay of employees of the said Public Sector Undertakings were extended only by order dt. 28.2.1992 because the employees of the State Public Sector Undertakings were not entitled to the benefit of the guidelines contained in Office Memorandum dt. 7.8.1989 until issuance of the Office Memorandum dt. 28.8.1992.

(3.) HAVING considered the two Central Government orders to which reference has been made by both the learned Counsel we are of the opinion that no error much less any error apparent on the face of order has been made by the Tribunal in reaching its conclusion. The benefit of pay protection has been extended by the office memorandum dt. 7.8.1989 not only to the employees drawing from Public Sector Undertaking but has also been extended to the working incumbents in various Universities, Semi -Government Institutions or Autonomous Bodies etc. whether they are controlled by the Central Government or by the State Government or constituted under Central or State Legislations. We fail to see how the expression Public Undertakings could be read only in connection with Public Sector Undertakings owned and controlled by the Central Government in the Office Memorandum dt. 7.8.1989 protecting the pay of persons already employed in various types of institutions named therein, when recruited by the Union of India. The Universities, Semi -Government Institutions or Autonomous Bodies like Public Sector Undertakings enjoy certain amount of autonomy in their administration. May be under various statutory orders such undertakings or Universities, or Semi -Government Institutions or Autonomous Bodies have been constituted, they have been put under control of the State Government or Central Government as the case may be. In many cases these bodies are constituted under statutory provisions in exercise of legislative powers.