Rajendra Babu, J. - (1.) Applications were filed under the Administrative Tribunals Act, 1985 by the respondents claiming parity between the Presenting Officer of the Junior Administrative Grade and the Law Assistants. The respondents claimed that they were designated as Presenting Officer in terms of Section 19(2) of the Railway Claims Tribunal Act, 1987 [hereinafter referred to as 'the Act'].
(2.) The Central Administrative Tribunal, Lucknow Bench [hereinafter referred to as 'the Tribunal'] enquired into the matter and in spite of resistance from the appellants' side held that all Law Assistants and Chief Law Assistants including the respondents were authorised to work as Presenting Officer; that a reading of Section 19(2) of the Act indicates that the Presenting Officer was equated with the legal practitioner; that the Junior Administrative Grade Officers also had the power to compound cases out of court and give direction about the conduct of the cases before the court: that they were performing duties entrusted to them and the applicants who were law graduates or having degree of Master of Law were not allowed to claim even the ordinary grade of a Gazetted Officer and they are placed in Group 'C' category; that they are entitled to the relief they have sought for and granted the same by giving the following directions: "(a) The applicants who have been placed in one class of Presenting Officers, be placed in the pay scale of Group 'B' immediately, and the same should be given to them w.e.f. the date of filing of O.A. which is 25.1.1993. (b) The respondents shall constitute a Committee of expert within one month from the date of communication of this order to consider - (i) a suitable designation for the applicants and other similarly placed officers authorised to act as Presenting Officers before the Railway Claims Tribunal, and also placed in Group 'B' as per our order in sub-para (a) hereinabove, (ii) the criteria and procedure, if necessary, for their regularisation in Group 'B'. (iii) the avenues of further promotions of the applicants and other similarly placed persons, with suitable grades thereof, (iv) the claim for kit and library allowance. (c) The Committee shall hear the applicants and similarly situated other persons an finalise its recommendations within three months. (d) the respondents shall take a decision on those recommendations within a further period of three months from the date of submission of the report of the Committee. While taking action as per direction in this sub- para, the respondents may also take note of recommendations if made in this regard, of Vth Pay Commission".
(3.) Before we can consider the various aspects dealt with by the Tribunal, we may notice a few decisions which have bearing on the present matter.;