- (1.) The only moot point involved in the present case is as to whether in the process of a cadre review where two scales are carved out, the same would amount to promotion. The petitioner is aggrieved by his pay-fixation in pursuance to the recommendations of the 5th Pay Commission and thus approached the Central Administrative Tribunal, Chandigarh Bench vide O.A. No. 687-PB-2006 which has been dismissed vide the impugned order 27.08.2008. Facts of the case
(2.) The petitioner joined the services of All India Radio at Kashmir as Investigator on 24.08.1983 and was subsequently transferred to Jalandhar. He was drawing the pay scale of Rs. 1400-2300 when on a revision of pay scale w.e.f. 01.01.1996 he was granted the pay scale of Rs. 5000-8000 and was re-designated as Investigator Grade-II. In terms of the recommendations of the 5th Pay Commission, the restructuring of the cadre was recommended as a consequence of which the petitioner claims that he was entitled to the pay scale of Rs. 5500-9000. In this behalf, he has relied upon paras 73.22 and 73.23 of the 5th Pay Commission Recommendations. The relevant portion of para No. 73.22 is extracted as below:-- "Reconstructing the Cadre:-- 73.22 The other demands made are that (i) different posts in Audience Research Wing be upgraded keeping in view the increased work load in various stations/Kendras due to increase in channels and programmes and (ii) provision be made for selection grades or time-bound promotions at every level in view of the acute stagnation in different posts in ARW. We have examined the Recruitment Rules and the availability of promotion avenue for various posts and recommend restructuring of the cadre as under:-- (i) The cadre of Statistical Computer (Rs. 1200-2040) be declared as a dying cadre and further recruitment at this level should be stopped. (ii) Existing computers may be placed in the scale of Rs. 1400-2300. The existing 100 posts of Investigator and 7 posts of Statistical Assistant may be merged and placed in two grades to be designated as Investigator Grade II (Rs. 1600-2660) and Investigator Grade I (Rs. 1640-2900). 57 out of 107 posts may be re-designated as Investigator Grade II and 50 as Investigator Grade I. Statistical Computer may also be made eligible for promotion as Investigator Grade-II in the scale of Rs. 1600-2660."
(3.) The petitioner claims that on 8.8.2000 the relevant paras of the Pay Commission recommendations were implemented and the posts of Investigators and Statistical Assistants were merged. Out of 95 posts of the merged cadre, 44 were placed in the pay scale of Rs. 5500-175-9000 while the remaining 51 posts were placed in the pay scale of Rs. 5000-8000 to be re-designated as Investigator Grade-I and Investigator Grade-II, respectively. The petitioner was granted the pay scale of Rs. 5500-9000 on 20.09.2000 and was thus re-designated as Investigator Grade-I being at Sr. No. 12 in the list of Investigators Grade-I.;