- (1.) CHALLENGING the order of the tribunal, the applicant -petitioner has filed this writ petition. Seeking relief for grant of revised scale of pay of the post of Assistant Director from Rs. 6,500/ 10,500/ - to Rs. 7,500/12,000/ - and also for issuance of direction to consider the case of the applicant -petitioner for regular promotion to the post of Grade -I, he filed O.A. before the tribunal.
(2.) THE claim of the petitioner is contested by the respondents stating that the restructuring of the three levels of officers in the regional offices was undertaken as per the recommendation of the 5th Pay Commission and after restructuring in the cadre of Groups "B" and "C" as per the recommendation of the 5th Pay Commission, there was only one level, namely, Administrative Officer. This was done on the administrative decision pursuant to the recommedation of the 5th Pay Commission and the Administration was fully authorized to undertake the exercise of restructuring of rationalization. As such, the petitioner cannot have the right to request for cancellation of such restructuring which the administration has done. As a matter of fact, the respondents did not fill up the remaining post and after restructuring, there was no post having the nomenclature of Assistant Director Grade -I and on restructuring, the same was merged into the original post of Administrative Officer. Therefore, there was no question of promoting any one to the post of Assistant Director Grade -I. According to the respondents, the petitioner is challenging the decision on the presumption that for ever the service condition and cadre structure would remain the same. But this is not the legitimate right of the petitioner and the administration has the authority to revise the condition of service, cadre restructure, pay scale etc. so far as it does not take away any right which might have already accrued to the petitioner and particularly, no vested right has been taken away from the petitioner.
(3.) IT is the case of the respondents as regards the objection to the pay scale of Rs. 6,500 -10,500/ - that the petitioner was promoted as Assistant Director (Admin.) Grade -II in the scale of pay of Rs. 2,000 -3.200/ - on ad hoc basis, which was regularized on 30.8.1999 and the said pay scale was revised to Rs. 6,500 -10,500/ - as per the recommendation of the 5th Pay Commission. Therefore the contention of the respondents is that he was rightly placed in the said pay scale after revision.;