- (1.) CHALLENGING order dated 18.01.2010 passed in O.A. No. 123 of 2008, O.A. No. 124 of 2008 and O.A. No. 126 of 2008, the petitioners have preferred the present writ petition. The petitioner Nos. 1, 2 and 3 were initially appointed on 01.12.1972, 20.12.1972 and 15.11.1972 respectively and all of them completed 23 years of service on or before 31.12.1996. They were granted benefit of first time -bound promotion with effect from 01.01.1996 and second time -bound promotion on different dates in the year, 1998. Relying on an order passed in the case of one, Jagdish Jha, the petitioners raised a claim for grant of increments in addition to the pay -scale granted to them. The learned Central Administrative Tribunal recorded a finding that, 8. The CCS [Revised Pay] Rules has been framed in exercise of powers conferred under proviso to Article 309 of the Constitution of Rule 7 of the said Rule has the heading "Fixation of initial pay in the revised scale". Clause [b] of proviso to rule 7[1][A] is as under: - - If the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of the scale. 9. Swamy's compilation of CCS [Revised Pay] Rules also has tables indicating stage in the revised scales of Rs. 3200 -4900 in respect of employees in the pay scale of Rs. 975 -1540 and Rs. 975 -1660. The table shows that basic pay + DA + IR + fitment benefit for employees in receipt of pay of Rs. 1630/ - add up to Rs. 4967/ - which is more than the maximum of Rs. 4900/ - and hence the pay has been restricted at Rs. 4900/ - only.
(2.) ACCORDINGLY , the learned Central Administrative Tribunal has held that there was no error in fixation of pay in the revised pay -scale of the petitioners. A counter affidavit has been filed taking a stand that in the revised pay under FR22(1)(a)(1) bunching benefit is extended only in the case of initial fixation of revised pay and not in case of promotion and accordingly, the petitioners' claim was denied.
(3.) HEARD the learned counsel appearing of the parties and perused the documents on record.;