- (1.) The appellant has assailed the judgement and order dated 30.01.2009 passed by the learned Single Judge in W.P. No. 7820 (W) of 2002 rejecting his prayer for fixation of scale of pay with retrospective effect from 05.12.1988 equal to the pay of his junior, namely,respondent no. 6 herein, and accordingly grant him higher pensionary and all other postretiral monetary benefits with retrospective effect.
(2.) The case of the appellant is that he and the respondent no. 6 were initially posted in the cadre of Technical Assistant, Grade?I. Scale of pay of all employees in the said cadrewas same till 01.08.1983. After 01.08.1983, pursuant to a bipartite agreement arrived at between the management and the employees' union, employees in category III and IV of the respondent Corporation were entitled to exercise their option for being governed either under Central Dearness Allowance (CDA) pattern or under Industrial Dearness Allowance (IDA) pattern. Such permission was sought for pursuant to the direction given by the Apex Court vide order dated 15.03.1989 in CMP No. 1962/89 (in CA No. 2336/85) with CMP Nos. 2720 and 2736 of 1989 (in TC No. 82-83/85) and VMP No. 5304/89.
(3.) It appears that the appellant did not exercise option to be governed by IDA pattern, whereas, the respondent No. 6 opted forIDA pattern scale. There was pay revision of IDA pattern scale on four occasions, namely, 01.08.1983, 01.08.1987, 01.02.1992 and 01.01.1997 whereas in CDA pattern scale there were only two pay revisions, namely, 01.01.1986 and 01.01.1996.;