Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal") on 26.08.2013 whereby an order passed by the petitioners on 28.03.2003 was set aside and the Petitioner was directed to step up the pay of applicant (Respondent No. 2) at the stage of Rs. 10,530/ - as on 01.07.2002 at par with Mr. Swaran Singh Bhatia with consequential benefits.
(2.) THE applicant and respondent No. 4 were both working in the Telecommunication Department of Government of India. While working in the Telecommunication Department, the applicant was promoted to Grade -IV post in the year 1997. However, Mr. Swaran Singh Bhatia was promoted to Grade -IV post on 01.10.2000. Mr. Bhatia was given advantage of two fixations firstly in the IDA (Industrial Dearness Allowance) pay scale corresponding to the CDA(Central Dearness Allowance) pay scale of pre -promoted post and then IDA pay scale of the promoted post corresponding to the CDA pay scale of promoted post. The said benefit was given in terms of Circular dated 07.08.2002 issued by the present petitioners (Annexure R -1). The relevant clause reads as under: (e) The employees who have been promoted to the higher posts after 01.10.2000 will be fixed in the corresponding IDA Pay scale from the date of promotion under the normal rules relating to the fixation of pay on promotion with reference to their pay in the IDA pay scale of pre -promoted post. However, those, who are promoted to the higher post on 1.10.2000, will first be fixed in the IDA pay scale above and then will be fixed in the IDA Pay Scale of the promoted post corresponding to the CDA Pay Scale of Promoted post, under normal pay -fixation rules on promotion under FR. Learned counsel for the petitioners has vehemently argued that the claim of the applicant was declined in the year 2003 but he has approached the Tribunal in the year 2011. Therefore, his original application is beyond the period of limitation prescribed under Section 21 (3) of the Administrative Tribunal Act, 1985. It is also argued that the pay fixation is in terms of circular issued, the validity of which is not challenged, therefore, the applicant is not entitled to the benefits as has been ordered by the Tribunal.
(3.) WE do not find any merit in such arguments.;