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Judgment
L. Narasimha Reddy, J
The applicant joined the post of Tailor in the Army on 14.03.2006. The scale of pay for the post at that time was Rs. 2650-4000. Over the period, he was transferred to Air Force Station. He found that the scale of pay for the post of Tailor in Air Force is higher. In addition to that, the applicant has made a representation in the year 2010, stating that the scale of pay for the post of Tailor in the Army be fixed at Rs. 3050-4590. In the context of place of work also, the applicant made a representation to shift him to Delhi, where the emoluments are said to be bit higher.
The respondents passed an order dated 31.12.2012 shifting the applicant to a Station at Hempur. This O.A. is filed challenging the order date 31.12.2012 as well as the action of the respondents in not granting the pre-revised pay scale of Rs. 3050-4590, together with arrears. It is also prayed that the respondents be directed to extend the benefit of judgment in O.A. No.1321/CH/1997 of the Chandigarh Bench of this Tribunal.
The applicant contends that it is on his request that he was posted at Air Force Station, Delhi and at a time when he was taking steps to get the benefit of higher pay scale, he was shifted to Hempur. He contends that the impugned order cannot be sustained in law and that he is entitled to be granted the pay scale of Rs. 3050-4590.
The respondents filed counter affidavit opposing the O.A. According to them, the post of Tailor is inter-changeable in the Tri Services and the post in Army carries the Grade Pay of Rs. 1800/-, whereas it carries the Grade Pay of submitted that the order of transfer illegality. Rs. 1900/- in Air Force. It is does not suffer from any illegality
We heard Mr. M K Bhardwaj, learned counsel for applicant and Mr. Gyanendra Singh, learned counsel for respondents.
The applicant claims twofold relief in the O.A., the first is vis.-a-vis. the order of transfer dated 31.12.2012 and the second is about the pay scale. So far as the order of transfer is concerned, it was challenged in the O.A. and an interim order was also passed on 18.04.2013. However, at one stage of the O.A., i.e., on 24.07.2017, it was represented before this Tribunal that the applicant does not press the challenge to the order of transfer.
Now remains the question of pay scale, admissible to the post held by the applicant. It has already been mentioned that he was appointed as Trailer in Army and according to the respondents, the post carries the Grade Pay of Rs. 1800/- in Army, whereas it carries the Grade Pay of Rs. 1900/- in Air Force. Since the applicant is borne on the rolls of Army, he cannot claim the salary payable to Tailor in Air Force. At the same time, if the pay scale of the post of Tailor in Army is raised to higher, the applicant shall be entitled to the same.
We, therefore, dispose of the O.A.:-
(a) refusing to interfere with the order of transfer dated 31.12.2012 and vacating the interim order dated 18.04.2013 passed by this Tribunal; and
(b) directing the respondents to extend the pay scale attached to the post of Tailor in the Indian Army to the applicant.
If the applicant is still aggrieved, it shall be open to him to make a representation in this regard. The representation, if made, shall be disposed of by the respondents within three months from the date of receipt of this order.
There shall be no order as to costs.