(Order of the Court was made by K.CHANDRU, J.) Heard the arguments of Mr. V. Vaithiyalingam, learned Senior Central Government Standing Counsel representing the petitioner and Mr. Karthik Rajan, learned counsel for the first respondent and have perused the records.
2. The Union of India represented by Deputy Director General of the National Sample Survey Organisation (Field Operations Division), Department of Statistics & Programme Implementation, has filed the present writ petition against the order of the Tribunal dated 17.4.2002 in O.A. No. 1159 of 2001. The first respondent filed the O.A. before the Tribunal seeking to set side the order dated 01.6.2001 passed by the petitioner and also for a direction to step up his pay in the pay scale of the post of Assistant Superintendent on par with his juniors from 01.01.1996 as well as to pay the arrears of pay and allowances.
3. The first respondent joined the petitioner organisation on 16.5.1975 as Investigator. Subsequently, he was promoted as an Assistant Superintendent in November 1987 and from 1987 to 1991, he was working in Vijayawada (Andhra Pradesh). Thereafter, on request, he was transferred to Chennai Circle. After joining at Chennai, the first respondent found that he was drawing lesser pay than his juniors in the same cadre of Assistant Superintendent. Even in the seniority list for the post of Assistant Superintendent, the applicant's name was found at serial No. 843 whereas some of his juniors such as S. Dakshinamoorthy was shown as 870 and N.P.Shanmugam at 874 and P.K. Thirumalachary at 875 and one Sethuraja at 881 and were drawing higher scale. Therefore, the first respondent submitted an application for stepping up of his pay. But, however, the petitioner rejected the representation stating that if the seniority list for lower cadres are maintained locally and for the higher post, the same is maintained on all India basis, stepping up of seniors will be only with reference to the juniors of the same circle to which the senior belongs. According to the petitioner, since the first respondent joined in Andhra Pradesh and the so-called juniors were in Tamil Nadu State, the question of stepping up does not arise.
4. The Tribunal, after notice to parties, passed an order dated 17.4.2002 holding that the first respondent was eligible for stepping up of the pay. It also held that what was required to be seen was the cadre in which the pay anomaly arose and the reason therefor and it found that the first respondent's pay anomaly arose in the cadre of Assistant Superintendent and, therefore, he was entitled to stepping up of his pay on par with his junior in the cadre of Assistant Superintendent and directed the petitioner to step up his pay on par with his junior with effect from 01.01.1996 and also to pay the consequential benefits.
5. The learned Senior Central Government Standing Counsel representing the petitioner Union of India is not able to cite any particular rule under which the interpretation of the Tribunal can be found to be erroneous. On the contrary, a counter affidavit dated 19.3.2003 was filed wherein it is clearly shown that his junior Sethuraja was drawing more pay and the Office Memorandum dated 06.3.1962 and 20/7165 read with O.M. 6.3.1962 will not apply to the case of the petitioner. On the contrary, under the OM dated 01.12.1999, it was clearly stated that the seniority of the cadre of investigators will not be affected even on request for voluntary transfer.
6. We find from the records that while admitting the writ petition, this Court has granted stay on 19.12.2002 only for a period of six months in W.P.M.P. No. 65814 of 2002. We do not find that there is any case made out for interfering with the order passed by the Tribunal and the writ petition is dismissed. The petitioners are directed to comply wit the order of the Tribunal within a period of four weeks from the date of receipt of a copy of this order. However, there will be no order as to costs. Connected Miscellaneous Petition is closed.
gri To The Registrar Central Administrative Tribunal Madras Bench.