- (1.) The only question which falls for consideration in this appeal is about fixation of pay of the respondents in the revised pay scale under the central Civil Services (Revised Pay) Rules, 1973 (hereinafter referred to as "the Rules").
(2.) The respondents were appointed as Staff Artistes in Doordarshan Kendra at Calcutta in September/october 1974. At the time of their appointment they were placed in the scale of Rs. 500-800. By notification dated 8/3/1977, the revised pay scales under the Rules were made applicable to the Staff Artistes in Doordarshan with effect from 1/1/1973. Under the Rules the scale of Rs. 500. 00-800 was revised to Rs. 650-1200. At the time of their appointment in 1974 the respondents were being paid Rs. 733. 00 per month (basic pay of Rs. 500. 00 plus Rs 163. 00 as DA/dp and Rs. 70. 00 as interim relief). Their fee/pay in the revised scale of Rs. 650-1200 in 1974 was fixed atrs. 650. 00 and the sum of Rs. 83. 00 was treated as personal pay to be adjusted against future increases. The grievance of the respondents is that their basic pay in 1974 should have been fixed at Rs. 775. 00 in accordance with Rule 7 of the Rules. They, therefore, approached the central Administrative tribunal, Calcutta bench (hereinafter referred to as "the tribunal") by the petition (OA No. 99 of 1987. The said petition has been allowed by the tribunal by the impugned judgment dated 6/11/1987. The tribunal has directed the appellants to revise and fix the fee/pay scale of the respondents on the analogy of Third Pay Commission's recommendations from their respective date of appointment as per the Rules.
(3.) Shri K. Lahiri, the learned Senior Counsel appearing for the appellants, has urged that the tribunal has failed to take note of the notification dated 1/6/1974 issued by the government of India which was applicable in the present case. The said notification deals with fixation of pay of persons appointed/promoted after 1/1/1973 and it provides as follows: "The revised scales of pay introduced under the central Civil Services (Revised Pay) Rules, 1973, take effect from 1/01/1973. Under the proviso to Rule 5 of these Rules, a government servant has the option to retain the existing scale, i. e. , the scale of the post held by him on 1/01/1973 until the date on which he earns his next or any subsequent increment in that scale, or until he vacates that post, or ceases to draw pay in that scale. This option is not available to persons appointed to a post after 1/01/1973 whether for the first time in government service, or by transfer or promotion from another post and they are necessarily to be allowed pay in the pre-revised scales. On issue of the notification, however, their pay would be fixed in the revised pay scale of the post with effect from the date of such appointment. In some of these cases the fixation of pay in the revised pay scale of the post with effect from the date of such revised scales may involve drop in emoluments. Drop in emoluments may also occur in the case of some persons who were promoted after 1/01/1973, but before the date of the issue of the relevant notification revising the scales, to the higher of the two grades which have been merged and a single revised scale prescribed for both. As the revised scales take effect from 1/01/1973, and the higher grade will have ceased to exist on and from that date, such promotions become non-effective. The question as to the extent of protection that may be allowed in such cases has been examined and it is considered that it is not correct in principle to allow a person any option to retain the pre-revised scale of pay in respect of a post to which he was not actually appointed on or before 1/01/1973, or which ceased to exist after that date. Accordingly, all persons recruited after 1/01/1973, or appointed by transfer or promotion to posts after that date, should be allowed pay only in the revised scales as admissible under the central Civil Services (Revised Pay) Rules, 1973. 2. However, to mitigate the adverse effect of the retrospective application of the rules resulting in drop in emoluments in the type of cases referred to in paragraph 1 above, the President is pleased to decide as follows: '(I) Where a single existing scale has been replaced by the single revised scale, the difference between the existing emoluments (i. e. , the basic pay, deamess pay, deamess allowance, and interim reliefs at the rate in force on 31/12/1972, and special pay where admissible, actually drawn or that would have been drawn in the pre-revised scales as on the date of the notification revising the scale of the higher post, and the emoluments in the revised scale, i. e. , pay in the revised scale of that post, and special pay thereon, if any, may be allowed as personal pay to be absorbed in future increases in pay. '";