it2025_00534 — The Applicant who was appointed on 12-11-1979 as Works Clerk (Grade II) in Civil Egineering Wing of Posts and Telegraphs Department, opted for TOA pattern on 9-9-1992 on bifurcation of Postal and Telecommunication Department and posted in Telecommunication Electrical Division where his pay was fixed. He was repatriated to his parent department when his pay was fixed as ₹ 8,100 in the scale of pay of ₹ 8,500+200 = 8,700 as against ₹ 8,100+200 = 8,300. Hence the Respondents na

IT Rules

The Applicant who was appointed on 12-11-1979 as Works Clerk (Grade II) in Civil Egineering Wing of Posts and Telegraphs Department, opted for TOA pattern on 9-9-1992 on bifurcation of Postal and Telecommunication Department and posted in Telecommunication Electrical Division where his pay was fixed. He was repatriated to his parent department when his pay was fixed as ₹ 8,100 in the scale of pay of ₹ 8,500+200 = 8,700 as against ₹ 8,100+200 = 8,300. Hence the Respondents namely, Chief Engineer, BSNL (R-2) is directed to restore the discontinued advance increment with effect from 11-12-1999 — The given chunk pertains to a labor dispute case O.A. No. 109 of 2011, where the applicant worked as Works Clerk (Grade II) in Posts and Telegraphs Department. The case revolves around the applicant'... — Facts:The Applicant was appointed on 12-11-1979 in the post of Works Clerk (Grade II) in Civil Engineering Wing of Posts and Telegraphs Department. When the department was bifurcated as Postal and Telecommunication Department on 1-10-1986, the TOA Pattern Scheme was introduced by DoP&T's Letter, dated 16-3-1994. The TOA Pattern was extended from 9-9-1992 instead of 16-3-1994 by Letter, dated 16-3-1994. Applicant opted for TOA Pattern from 9-9-1992. The pay of the Applicant was fixed as ₹ 1,270 with effect from 1-1-1992 as per his option under FR 22 (1)
(a) (2) in the scale of ₹ 975-1,600. The Superintending Engineer of Telecom Civil Circle (Co-ordination) transferred him in public interest on 2-5-1994 to Postal Electrical Division, Mumbai as Cashier where he resumed duty on 16-6-1994. He was placed as Section Supervisor in the scale of pay of ₹ 1,400-2,300 with effect from 12-11-1995, the date when he completed 16 years of service. On 12-11-1999, he was sent on training of 4 weeks for post of Senior TOA which he completed successfully on 10-12-1999. After successful completion, he claims to have become eligible for grant of one increment in the original pay scale of OTBP/BCR and appointment in the restructured cadre of Sr. TOA (G) from the date of qualifying in the said training. He was placed in the restructured cadre of Sr. TOA (G) with one advance increment in his original pay scale of OTBP/BCR with effect from 10-12-1999 by Order of S.E., Telecom Civil, Mumbai, dated 13-1-2000. The Applicant was repatriated to his parent department with effect from 31-3-2003 by Order, dated 3-2-2003. According to the last pay certificate issued by Postal Electrical Division, his monthly Basic Pay was fixed as ₹ 6,500 per month as on 31-3-2003. On repatriation to BSNL, Civil Wing of Maharashtra West Zone, Mumbai fixed his pay in the pay scale of ₹ 5,000-8,000 as ₹ 5,300 on 11-12-1999 instead of ₹ 5,900 and the corresponding scale of ₹ 7,100- 10,000, his Basic Pay was shown on 1-11-2002 as ₹ 8,100 as against the pay which was shown as on 31-1-2003 as ₹ 8,500 in the last pay certificate. The Applicant claims that since he is working in OTBP from 12-11-1995 and opted for restructured cadre in May 1999 and underwent necessary training successfully, he is entitled for one advance increment which is rightly granted to him while working in the Postal Electrical Division. Accordingly, his pay as on 1-11-1992 was fixed as ₹ 7,900 in the scale of pay of ₹ 7,100-10,100 by applying FR 22 (1)
(a) (2). Order, dated 30-5-2011 states that "the officials who ceased to hold Sr. TOA (G) Post, on getting their OTBP scale as SS have already been granted one extra increment after completion of computer training. One such increment should be allowed to those officials also who completes the required computer training in OTBP scale, in future". However, that rule is to be followed in his case states the Applicant. The Respondents state that the Applicant completed computer training as per RRs of Sr. TOA and not as SS which is disputed by the Applicant. A perusal of the order shows that the Applicant had completed the training as Sr. TOA (G) by Order, dated 13-1-2000, Applicant's name is shown at Sl. No. 176 was appointed in the restructured cadre of Sr. TOA (G) with effect from 10-12-1999. That means that the Applicant was in the cadre of SS from 17-6-1996 till 12-1-2000 vide Order, dated 13-1-2000, the Applicant had been appointed retrospectively in the cadre of Sr. TOA with effect from 10-12-1999. But the Applicant was not in the scale of pay of Sr. TOA(G) during the training period and was only in the SS scale / cadre. Hence, he was entitled not to be excluded from being granted the advance increment. The Order, dated 30-5-2001 was followed in his case contrary to the correct interpretation.

IT Rules

The Applicant who was appointed on 12-11-1979 as Works Clerk (Grade II) in Civil Egineering Wing of Posts and Telegraphs Department, opted for TOA pattern on 9-9-1992 on bifurcation of Postal and Telecommunication Department and posted in Telecommunication Electrical Division where his pay was fixed. He was repatriated to his parent department when his pay was fixed as ₹ 8,100 in the scale of pay of ₹ 8,500+200 = 8,700 as against ₹ 8,100+200 = 8,300. Hence the Respondents namely, Chief Engineer, BSNL (R-2) is directed to restore the discontinued advance increment with effect from 11-12-1999 — The given chunk pertains to a labor dispute case O.A. No. 109 of 2011, where the applicant worked as Works Clerk (Grade II) in Posts and Telegraphs Department. The case revolves around the applicant'... — Facts:The Applicant was appointed on 12-11-1979 in the post of Works Clerk (Grade II) in Civil Engineering Wing of Posts and Telegraphs Department. When the department was bifurcated as Postal and Telecommunication Department on 1-10-1986, the TOA Pattern Scheme was introduced by DoP&T's Letter, dated 16-3-1994. The TOA Pattern was extended from 9-9-1992 instead of 16-3-1994 by Letter, dated 16-3-1994. Applicant opted for TOA Pattern from 9-9-1992. The pay of the Applicant was fixed as ₹ 1,270 with effect from 1-1-1992 as per his option under FR 22 (1)
(a) (2) in the scale of ₹ 975-1,600. The Superintending Engineer of Telecom Civil Circle (Co-ordination) transferred him in public interest on 2-5-1994 to Postal Electrical Division, Mumbai as Cashier where he resumed duty on 16-6-1994. He was placed as Section Supervisor in the scale of pay of ₹ 1,400-2,300 with effect from 12-11-1995, the date when he completed 16 years of service. On 12-11-1999, he was sent on training of 4 weeks for post of Senior TOA which he completed successfully on 10-12-1999. After successful completion, he claims to have become eligible for grant of one increment in the original pay scale of OTBP/BCR and appointment in the restructured cadre of Sr. TOA (G) from the date of qualifying in the said training. He was placed in the restructured cadre of Sr. TOA (G) with one advance increment in his original pay scale of OTBP/BCR with effect from 10-12-1999 by Order of S.E., Telecom Civil, Mumbai, dated 13-1-2000. The Applicant was repatriated to his parent department with effect from 31-3-2003 by Order, dated 3-2-2003. According to the last pay certificate issued by Postal Electrical Division, his monthly Basic Pay was fixed as ₹ 6,500 per month as on 31-3-2003. On repatriation to BSNL, Civil Wing of Maharashtra West Zone, Mumbai fixed his pay in the pay scale of ₹ 5,000-8,000 as ₹ 5,300 on 11-12-1999 instead of ₹ 5,900 and the corresponding scale of ₹ 7,100- 10,000, his Basic Pay was shown on 1-11-2002 as ₹ 8,100 as against the pay which was shown as on 31-1-2003 as ₹ 8,500 in the last pay certificate. The Applicant claims that since he is working in OTBP from 12-11-1995 and opted for restructured cadre in May 1999 and underwent necessary training successfully, he is entitled for one advance increment which is rightly granted to him while working in the Postal Electrical Division. Accordingly, his pay as on 1-11-1992 was fixed as ₹ 7,900 in the scale of pay of ₹ 7,100-10,100 by applying FR 22 (1)
(a) (2). Order, dated 30-5-2011 states that "the officials who ceased to hold Sr. TOA (G) Post, on getting their OTBP scale as SS have already been granted one extra increment after completion of computer training. One such increment should be allowed to those officials also who completes the required computer training in OTBP scale, in future". However, that rule is to be followed in his case states the Applicant. The Respondents state that the Applicant completed computer training as per RRs of Sr. TOA and not as SS which is disputed by the Applicant. A perusal of the order shows that the Applicant had completed the training as Sr. TOA (G) by Order, dated 13-1-2000, Applicant's name is shown at Sl. No. 176 was appointed in the restructured cadre of Sr. TOA (G) with effect from 10-12-1999. That means that the Applicant was in the cadre of SS from 17-6-1996 till 12-1-2000 vide Order, dated 13-1-2000, the Applicant had been appointed retrospectively in the cadre of Sr. TOA with effect from 10-12-1999. But the Applicant was not in the scale of pay of Sr. TOA(G) during the training period and was only in the SS scale / cadre. Hence, he was entitled not to be excluded from being granted the advance increment. The Order, dated 30-5-2001 was followed in his case contrary to the correct interpretation.

Original Rule Text

Original Rule Text