it2025_01035 — Applicant, who was appointed as Driver Engine Static (SK) on 7-6-1984 in the pay scale of ₹ 260-400 is to be fixed in pay scale of ₹ 1,200 - 1,800 with effect from 1-4-1991 and thereafter fix replacement scale as per rule
Original Rule Text
Applicant, who was appointed as Driver Engine Static (SK) on 7-6-1984 in the pay scale of ₹ 260-400 is to be fixed in pay scale of ₹ 1,200 - 1,800 with effect from 1-4-1991 and thereafter fix replacement scale as per rule — This chunk pertains to a case involving an employee who was initially appointed as Driver Engine Static (SK) in 1984. The employee's pay scale was adjusted during service, but they were denied the be... — Facts: Applicant, was initially appointed as Driver Engine Static (SK) on 7-6-1984 in the pay scale of ₹ 260-400 under the Garrison Engineer, MES, Masimpur, Silchar, Ministry of Defence. His pay scale was adjusted on the basis of ACP during his service. It is stated that the Applicant denied the benefit of higher replacement scale of pay of ₹ 1,200-1,800 (Revised as ₹ 4,000-6,000) with effect from 1-4-1991. Hence Applicant approached the Tribunal in O.A. No. 188 of 2014 which was disposed of directing the Respondents 5 and 6 to treat the OA as comprehensive representation to pass necessary orders without any recovery of reduction of pay till the decision is arrived at. However, the case of the Applicant was rejected. Hence Applicant approached the High Court which was sent to Tribunal for adjudication. Fixation of pay and cases arising out of fixation had been heard already in number of cases by Tribunal. Hence it is enough to note that the final decision of the Tribunal in this case. Tribunal took note of OM, Letter No. DOA/29009/OTP/E1C(V) 2516/D (W-II) dated 10-6-1993 issued by Ministry of Defence on the subject of “career advancement of Group ‘C' and ‘D' Employees, grant of higher pay scale to Group ‘C' Employees for in situ promotion where promotional grade not available”. The said letter is reproduced showing existing scale and one scale accepted. From that table the scale of pay of the Applicant, ₹ 1,200-1,800 was to be revised to the corresponding scale of ₹ 4,000-6,000 with effect from 1-1-1996 following 5th CPC recommendation. But the revised pay scale has been denied to the Applicant. Hence this OA is filed. Tribunal analysed the case taking into account the revision of pay scale in other cases. Based on the above analysis the Tribunal held: