LODHA, J. - (1.) RAMESH Chand Sharma-petitioner (for short `the employee') was selected for the post of Section Officer in Beas Project and appointed accordingly in the pay scale of Rs. 200-10-280-15-430-20-450 w. e. f. 2nd November, 1973. With effect from 1st January, 1978, the employee got his pay scale revised to Rs. 700-1200 P. M. He claims to have been declared quasi-permanent w. e. f. 3rd February, 1977 by the order of the Superintending Engineer (Administration and Account Circle) Beas Project Unit-I, Sundernagar (Himachal Pradesh) dated 20th November, 1980.
(2.) UPON winding up of the Beas project in the year 1984 or so, the employee was declared surplus. Consequently, vide order dated 21st December, 1984, the employee was placed in Central (Surplus staff) Cell in the same scale of pay (700-1200) as was drawn by the petitioner in the Beas Project. By the order dated 9th May, 1985 the employee was transferred to the Defence Ministry. The letter dated 9th May, 1985 issued by the Government of India, Ministry of Personal & Training, recorded that the surplus junior engineers including the employee were already drawing pay in the pay scale of Rs. 700-1200 and the Dearness Allowance in vogue for the Punjab Government for their junior engineers and adopted by the Beas Construction Board shall continue unabated. It was stated in the said letter that the surplus employees were being treated as holding post corresponding to those carrying the pay scale of Rs. 425-700 available in the Central Government Department for the purpose of their redeployment. The employee was redeployed in MES vide Head Quarter Southern Command letter dated 2nd July, 1985. The employee felt aggrieved having been redeployed in lower post and in lower pay scale. According to him, there has been financial loss and loss of status by his absorption in lower post and lower pay scale. He, thus, made a representation on 8th May, 1991 for redressal of his greivance. Having not received any favourable response to his representation dated 8th May, 1991, he approached the Central administrative Tribunal, Jaipur Bench, Jaipur for the reliefs, inter-alia: (i) that the respondents be directed to place him in the next higher grade i. e. Supdt. E/m Grade I commensurate with his status and fur suitable modification of the pay scale; and (ii) that the respondents be directed to treat the service rendered by him with the Beas Project as service rendered with the Government for the purpose of granting next higher pay scale.
(3.) THE employee founded his case on the basis of the judgment of the Central Administrative Tribunal given by the Bangalore Bench on 31st March, 1995 in group of Original Applications being OA No. 1337 and 1364 to 1375 whereby the following relief was granted to the concerned employees:      " 18. For the reasons discussed above we deem it proper to allow the application and grant the relief sought. Consequently Annex-A/10 order dt. 8. 4. 94 issued by R/2 is hereby quashed. We further direct the respondent to grant higher pay scale as that paid to Jes in CPWD in the scale of Rs. 1640-2900 to the applicant in Grd-II Supdt. who as and when complete 5 years of service in the grade wef. 1. 1. 86 and who as and when complete 15 years of service in that grade the scale of Rs. 2000-3500 with effect from 1. 1. 91 on the same line contained in the communication of MUD dated 21. 3. 1991 addressed to GD (Work) CPWD as in Annexure-A/2. THE direction should be complied with within a period of three months from the date of receipt of copy of this order. No cost. " Before the Central Administrative Tribunal, the employee set-up the case that in-pursuance of the decision dated 31st March, 1995 given by the Central Administrative Tribunal, Bangalore, the Ministry of Defence vide their order dated 25th April, 1996 issued instructions that the higher pay scale as was being paid to the junior engineers in CPWD be made applicable to Superintendents (BR/em)/surveyor Assistant Grade-I and Grade II of MES. According to him, that meant that the employees who were in the pay scale of Rs. 1400-2300 and Rs. 1640-2900 after completion of five years in that scale w. e. f. 1st January, 1986 and those drawing pay scale of Rs. 1640-2900 shall be upgraded to the next higher scale of Rs. 2000-3500 w. e. f. 1st January, 1991 after completion of 15 years service. The employee, thus, submitted before the Tribunal that having rendered 14 years satisfactory service with the Beas Project prior to his redeployment in the Army Organisation on being declared surplus was entitled to his past service with Beas project being counted for the purpose of benefits of higher pay scale of Rs. 11640-2900 w. e. f. 1st January 1986 and Rs. 2000-3500 w. e. f. 1st January 1991. The Tribunal relied upon the judgment of the Supreme Court in the case of Union of India and others vs. K. Savitri & Others in Civil Appeal No. 6201-6/1995 decided on 4th March, 1998 and held that the past service rendered by the employee in the Beas Project cannot be counted towards qualifying service for MES and consequently dismissed the Original Application on 22nd February, 2000. ;