- (1.) Rule nisi.
(2.) The learned counsel Mr Hemant Sharma, appears on behalf of the respondents and waives service of rule. We have heard counsel on both sides and have gone through the relevant papers, the Anomalies Committee report and the counter filed on behalf of the respondents. We find from chapter VIII of the Anomalies Committee's Report that the Committee decided that "the existing incumbents in the semi-skilled category, who were in position as on Oct 16/10/1981 in the grade of Rs. 210-290, may be upgraded to the skilled category Rs. 260-400, commensurate with the pointscore given by the Committee". So far as fresh induction to the skilled category was concerned, the Committee formulated certain propositions which are to be found in clauses 'a' to 'c' of clause (IV) of the recommendations of the Anomalies Committee in Ch. X of the report. It is, therefore, obvious that those employees who belong to the semi-skilled category and were in position on 16/10/1981 in the grade of Rs. 210-290 were to be upgraded to the skilled category carrying a scale commensurate of rs 260-400 with the point-score given by the Committee.
(3.) This writ petition has been filed by the Association of Employees and the names of the members on whose behalf it is filed have been set out in Annx. 'b' to the petition. The total number of the members shown in annexure 'b' is 60. However, it is not known who out of them were in position on 16/10/1981. We would, therefore, direct the respondents to verify the service records of these employees and grant the benefit to those who were in position on 16/10/1981 in the grade of Rs. 210-290 by upgrading them to the skilled category of Rs. 260-400 w. e. f. that date on the ratio of this court's decision in Bhagwan Sahai Carpenter v. Union of India vide paragraph 11 of the judgment. Those who were not in position as on 16/10/1981 in the semi-skilled grade of Rs. 210-290 will be entitled to placement in the skilled category of Rs. 260-400 if they satisfy the requirements of clauses 'a', 'b' and 'c' of clause (IV) in Ch. X of the anomalies Committee's Report to the extent of its acceptance, with. or without modifications, by the government of India. This should be finalised not later than 31/10/1991. The rule is made absolute accordingly with no order as to costs.;