UNION OF INDIA Vs. MOOL SINGH
LAWS(RAJ)-2001-12-49
HIGH COURT OF RAJASTHAN
Decided on December 07,2001

Union of India (UOI) and Ors. Appellant
VERSUS
Mool Singh and Anr. Respondents

JUDGEMENT

Mr. R. Balia, J. - (1.) HEARD learned counsel for the parties.
(2.) THE respondent -applicant before the CAT had been initially appointed as Signalman on 26.6.66 and after serving 15 years actively and being kept on reserved list for two years, he was retired from the services on 31st August, 1981. Thereafter, he was re -employed in the Telecommunication Department as Telephone Operator on 26th February, 1982 in the pay -scale of Rs. 260 -480. At the time of his retirement, the applicant was drawing pay of Rs.250/ - plus 20=270, which was more than the minimum of the pay -scale in which he was appointed on re -employment. So also the minimum of the pay -scale applicable to the post of re -employment was lower than the maximum of the pay -scale in which the respondent -applicant was drawing his emoluments at the time of his discharge from the defence service. His pay -scale at the time of retirement was Rs. 205 -265. By considering that the respondent -applicant has been appointed in pay -scale higher than in which he was drawing his emolument in his previous employment, he was fixed at the minimum of pay -scale at Rs. 260 per month. Aggrieved with fixation at the minimum of the pay -scale as the Telephone Operator, the petitioner represented that he is entitled to be fixed at that stage of the scale at which he was drawing pay while he was serving in the Army.
(3.) THE employer having not agreed with the demand of the applicant, an Original Application was filed before the Central Administrative Tribunal raising grievance about fixation of pay in the pay -scale of Rs. 260 -480 on his re -employment by the Telecommunication Department.;


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