N.S. DEORA Vs. UNION OF INDIA AND OTHERS
LAWS(RAJ)-2010-3-147
HIGH COURT OF RAJASTHAN
Decided on March 19,2010

N.S. Deora Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

Gopal Krishan Vyas, J. - (1.) This writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for quashing the judgment rendered by the Central Administrative Tribunal dated 05.04.2000, Annex.-3 passed in Original Application No. 293/1998 and order dated 25.05.2000 passed in the review petition filed by the petitioner and, further, for seeking direction to the respondents to grant the petitioner 4 advance grade increments in the pay-scale of Rs. 330-560 on account of his qualifying in the Appendix II-A Examination on 22.02.1973 and to grant all consequential benefits.
(2.) According to brief facts of the case, original application was filed by the petitioner before the Central Administrative Tribunal, in which, he has prayed for setting aside the impugned order dated 28.07.1998, Annex.-A/1 and for direction to the respondents to revise the applicant's pay scale in the grade of Rs. 330-560, after taking into account four advance increments consequent upon his passing appendix II-A examination along with arrears and interest at the rate of 18%.
(3.) In the original application, it was contended that applicant was granted four advance increments on passing appendix Part II-A examination in the first attempt of the pay-scale of Rs. 130-300 and his pay was fixed at Rs. 150/- with effect from 22.02.1973 and this benefit was granted under communication dated 17/27-05-1969. After fixation at Rs. 150/- with effect from 22.02.1973 upon implementation of Third Pay Commission, the grade of Clerk Grade-I was revised from Rs. 130-300 to Rs. 330 - 560 with effect from 01.01.1973. Therefore, the applicant who was already allowed four advance increments and was fixed at Rs. 150/- with effect from 22.02.1973 was to be given the benefit of fixation in the pay-scale of Rs. 330-560 with effect from 01.01.1973 while treating the petitioner's pay at Rs. 150/- but this benefit was not granted to the petitioner and, thereafter, when benefit of implementation of Third Pay Commission, the grant of advance increments after qualifying appendix II-A examination was discontinued which was challenged individually by the employee and also the union raised the same before the proper forum.;


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