V.KAMESWAR RAO, J. - (1.) THE short question which arises for our consideration in this writ petition is, whether the petitioner is entitled to pay protection on his appointment on regular basis as Data Entry Operator–Grade-II with the Central Pollution Control Board, respondent No.2.
(2.) THE relevant facts are that the petitioner was initially engaged as a Stenographer on daily wages with the respondent No.2 on January 24, 1990. With effect from January 24, 1996 the appointment of respondent No.2 was changed to Stenographer on ad-hoc basis and he was granted the scale of Rs.1200-2040 and the pay was fixed at Rs.1200. Pursuant to the recommendations of the 5th Central Pay Commission, the pay of the petitioner was revised to Rs.4000-6000 and the pay was fixed at Rs.5200. On May 26, 2008 the respondents advertised the post of Data Entry Operator Grade II in the scale of Rs.4000-6000. Pursuant to the selection process the petitioner was appointed as Data Entry Operator Grade II with effect from October 27, 2008. It so happened that even after his appointment as Data Entry Operator Grade II he was continued to be paid the pay he was drawing as a Stenographer (ad-hoc) i.e. Rs.10410+2400 till August 12, 2010 when his pay was fixed with retrospective effect i.e. October 27, 2008. It may be stated that immediately after his appointment as Data Entry Operator Grade II petitioner started making representations vide his letters dated October 27, 2008, November 14, 2008, March 18, 2009, June 23, 2009 and October 08, 2009 for protecting his pay as being drawn as Stenographer (ad-hoc). The said representations were decided by the authorities of respondent No.2 by way of a letter dated August 12, 2010 by stating as under: (a) That he has appointed to the post of Stenographer (adhoc) from 24.01.1996 to 26.10.2008. (b) That employees appointed on or after 01.01.2006 are covered under New Pension Scheme of the Central Government. (c) That he has been appointment as DEO Gr-II w.e.f. 27.10.2008 (i.e. after 01.01.2006). His service as DEO Gr-II is covered under New Pension Scheme already exists in CPCB. (d) Since, he has switched over from the post of Stenographer (adhoc) to the post of DEO Gr-II due to which the benefit of pay protection cannot be extended to him under the prevailing rules.
(3.) APART from the office orders dated August 12, 2010, the respondents had issued an office order dated November 15, 2010 whereby it was decided to pay encashment of 244 days earned leave to the petitioner for the period of his services rendered between January 24, 1996 to October 26, 2008 as Stenographer (ad-hoc).;