MOHD WASI SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing the present petition, the petitioner has challenged the judgment dated 21. 12. 2000 (Annex. 6) passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur.

(2.) THE grievance of the petitioner, as set out in the petition is that he was wrongly denied benefit of stepping up. It has been averred that the petitioner was initially appointed as Junior Clerk on 10. 10. 1957. He was promoted to the post of Head Clerk in the scale of Rs. 425 - 700, w. e. f. 7. 7. 82. A person junior to the petitioner was granted special pay of Rs. 35/- under the cadre restructuring effective from 1. 1. 84. THE grievance of the petitioner is that while his pay scale was fixed in the scale of Rs. 550 - 750, the pay of his junior was fixed in the pay scale of Rs. 425 - 700, since junior employee was drawing special pay of Rs. 35/ -. Thus, same was taken as pay for the purpose of fixation, even on a higher post of Head Clerk and thereby, his pay was fixed at Rs. 545/- w. e. f. 1. 1. 84. Whereas petitioner's pay was fixed at Rs. 530/- w. e. f. 1. 1. 84, resulting in anomaly. THE case of the petitioner is that he was entitled for the benefit of stepping-up pursuant to the Railway Board's Circular dated 14. 2. 95. Circular provides following conditions for grant of stepping- up benefits :- " In pursuance of the agreed conclusions it has been decided in consultation with the Ministry of Finance to step up the pay fixed on promotion of senior UDCs not in receipt of this special pay equal to the pay fixed on promotion of junior UDC in receipt of this special pay in the following cases only :- (a) Where a senior UDC promoted before 5/5/79 started drawing less pay than a junior UDC promoted after 5. 5. 79. (b) Where the senior UDC was in receipt of special pay of Rs. 35/- but this special pay of Rs. 35/- but this special pay was denied to him on appointment to the non-functional selection grade of UDC. (c) Where the UDCs even though senior were not considered for appointment to the identified posts on the grounds that they were already holding some other posts carrying special pay of Rs. 35/- or more. THE stepping up of pay in these cases will be subject to the fulfilment of the conditions of natural principles viz. (1) both senior and junior employees belonged to the same cadres in the lower and higher posts and their scales of pay in the two posts were also identical; (ii) the senior employee was drawing equal or more pay than junior in the lower post (of course without taking into account the element of special pay), the senior employee was promoted earlier than his junior. "

(3.) THE matter was also examined in regard to fulfillment of condition of clause (b) of circular dated 14. 2. 95, as was argued by the learned counsel for the petitioner. We find that requirements of clause (b) of circular dated 14. 2. 95 have not been fulfilled in the present case and thereby, the petitioner was not entitled for the benefit of stepping up pursuant to circular referred to above. In view of the aforesaid, we do not find any error in the judgment passed by the Central Administrative Tribunal, more so, when the Tribunal has recorded its finding on all the issues raised during the course of arguments. Hence, the writ petition challenging the judgment of the Tribunal cannot be entertained thus, same is dismissed with no order as to costs. .