PRADEEP NANDRAJOG, J. - (1.) ASSOCIATION of Junior Engineers, Central Water Commission and all its members working as Junior Engineers are the beneficiaries of a majority opinion pronounced by the Central Administrative Tribunal.
(2.) THERE being a split verdict between two members of the Tribunal, the matter was referred to a Larger Bench which opined that the correct course should be to refer the matter to a third member and not a reference to a Larger Bench, and in this way the opinion dated January 10, 2001 pronounced by the third member became the majority opinion. Simply stated the majority opinion notes that under the Government of India the entire engineering organization was initially a part of the Central Public Works Department (CPWD). As the working of the Government grew, by and under a resolution, for purposes of administrative convenience, works were hived of into various subordinate offices such as Central Water Ways, Irrigation and Navigation Commission, Central Water Commission, Central Electricity Commission, Central Water and Power Commission, etc. Uniform pay-scales were adopted in all these departments which were under the administrative control of one or the other nodal Ministry of the Union. By the year 1991 only housing remained with CPWD. Junior Engineers were facing stagnation. With effect from January 01, 1986, the recommendations of the 4th
(3.) PAY Commission had placed all Junior Engineers in the Grade Rs.1400-2300.00 with a selection Grade of Rs.1640-2900.00. The selection grade posts were limited and thus Junior Engineers were stagnated in the scale Rs.1400-2300 and thus a settlement was arrived at as per which such Junior Engineers who could not earn a promotion were to be placed in the pay-scale Rs.1640-2900 on completion of 5 years service and if they continued to stagnate for another 10 years were to be placed in the next above scale Rs.2000-3500.00. But after screening.;