Bilal Nazki, J. - (1.) This reference arises out of an order of a Division Bench of this Court dated 6-1 -2003. While considering WVMP No.3828 of 2002 in W.P.No.7520 of 2002, the Court made the reference. It was submitted by the learned Counsel appearing for the parties that the matter was covered by a Division Bench judgment of this Court, dated 20-9-2001, in Writ Petition No. 1540 of 2000 and batch. The Division Bench felt that the ma'in question in the matter was regarding interpretation of OM.No.13(1)-IC/91, dated 19-10-1994 as to whether the Draughtsmen in Grade-III would be automatically placed in Grade-II after putting in four years of service or it is independent or there are any other accompanying circumstances like normal eligibility and availability of posts. The Division Bench felt that the judgment of the earlier Division Bench had not considered this question, therefore, the Division bench thought it desirable that the matter be heard by a Full Bench.
(2.) Now before coming to the judgment in Writ Petition No.1540 of 2000, facts, which arise in these writ petitions, may be mentioned hereinbelow.
(3.) We are taking facts of Writ Petition No.10429 of 2000, which arises out of O.A.No.396 of 1999. The applicant before the Tribunal was appointed as Draughtsman Grade-ll in the scale of Rs.330-560 with effect from 26-5-1981. This scale was raised to Rs.425-700 by order No.15-30/88-SEC, dated 19-7-1993. The applicant before the Tribunal contended that she became eligible for upgraded scale of pay of Rs.425-700 with effect from the date of her joining i.e. 26-5-1981. By memorandum No. 13(1)-IC/91, dated 19-10-1994, those Draughtsmen who are in the scale of pay of Rs.425-700 were entitled to a scale of pay of Rs.550-750 after completion of four years of service as per Sub-Para (c) of Para 2 of the memorandum dated 19-10-1994. She filed the O.A. seeking a declaration that she was entitled for the benefit of hiaher scale of Rs. 1600-2660 from 26-5-1985 i.e. four years after she was placed in the scale of pay of Rs.425-700 in terms of O.M.No.13(1)-IC/91, dated 19-10-1994. She based her contentions on the similarity between her and the applicant in O.A.No.580 of 1997, which had been disposed of by the Tribunal on 2-2-1999. The Tribunal accepted that the contentions raised were same as in O.A.No.580 of 1997 and the O.A. was allowed.;