MANOJ MISRA, J. - (1.) WE have heard Sri Satish Chaturvedi appearing for the petitioners. Sri K.C. Sinha has made submissions on behalf of respondent No.1 - Ms. Anju Nigam.
(2.) THE petitioners are aggrieved by the judgment of the Central Administrative Tribunal dated 20.2.2002, in Original Application No. 367 of 1995, by which it has declared the cut off date 1.8.1989, fixed in the Office Memorandum dated 7.8.1989, giving pay protection to the employees of the Public Sector Undertakings joining the Government service, as arbitrary and violative of Article of 14 of the Constitution of India. The Tribunal, while considering the question of delay between 15.5.1989 and 18.12.1993, found that since the cause of action was continuing, the applicant-respondent No.1 will be entitled to pay protection upto the date of her representation dated 19.12.1993 notionally, and the actual benefit would be applicable after that date. The facts giving rise to this writ petition are that Ms Anju Nigam - applicant-respondent No.1 was initially appointed as Probationary Officer in the State Bank of India, and served there from 1.10.1985 to 13.5.1989. She was given permission by the Bank, to appear in the Civil Services Examination 1987, conducted by the Union Public Service Commission. She was selected for I.A.S. (Allied), and joined the Department of Posts on 15.5.1989, as Indian Postal Service (Professional Group 'A '). While serving as Senior Superintendent, R.M.S., Kanpur Division, she made a representation on 19.12.1993, claiming pay protection on the basis of Office Memorandum dated 7.8.1989. Her claim was rejected vide order dated 18.4.1994, on which she approached the Tribunal on 17.4.1995. The pay drawn by the applicant-respondent No.1 in the State Bank of India, and as an Officer in the Indian Postal Services (Professional Group - A), for the purpose of comparison, as quoted in para 3 of the order of the Tribunal, is given as follows:- Pay drawn as Pay drawn as Officer Probationary Officer in Indian Postal Service In State Bank of India (Group 'A') Basic Pay Rs.3.060.00 Rs.2,200.00 D.A. Rs. 989.01 Rs. 638.00 H.R.A Rs. 300.00 Rs. 450.00 C.C.A. Rs. 198.90 Rs. 100.00 ----------------- ----------------- Total Rs. 4,547.91 Rs. 3,388.00 ----------------- ----------------
(3.) THE Office Memorandum dated 7.8.1989, was issued, providing guidelines for fixing pay of candidates working in Commission by the method of recruitment by selection. The preamble of the order reads as follows:- "The undersigned is directed to say that as per extant rules/orders on the subject, pay protection is granted to candidates, who are appointed by the method of recruitment selection through U.P.S.C., if such candidates are in Government Service. No such pay protection is granted to candidates working in Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous Bodies, when they are appointed in Government. As a result of this, it has not been possible for the Government to draw upon the talent that is available in non-Government organizations." ;