AI Structured Summary
Not yet generated for this judgment
Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(i)Declare that the applicant is entitled to have his pay fixed under Rule 13 of the CCS (RP) Rules, 2008, on promotion from GP 4600 to GP 4800 in PB 2, w.e.f 12.08.2007 and direct the respondents accordingly.
(ii)Call for the records leading to the issue of Annexure A1 and quash the same to the extent it does not fix the applicant's pay w.e.f 12.08.2007 under Rule 13 of CCS (RP) Rules, 2008 on his promotion from GP 4600 to GP 4800.
(iii)Direct the respondents to fix the applicant's pay w.e.f 12.08.2007 on his promotion from the Grade Pay of Rs. 4600 to that of GP Rs. 4800 under Rule 13 of CCS (RP) Rules, 2008 and direct further to grant consequential benefits arising thereon.
(iv)Direct the respondents to grant consequential benefits of the fixation of pay as above, including arrears of pay and allowances arising there from.
(v)Award costs of and incidental to this petition;
(vi)Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case;
The brief facts of the case are as follows: The applicant is presently working as Trained Graduate Teacher (Maths) at Government Senior Basic School (GSB), Kavaratti in PB2+ GP Rs.5400. He is aggrieved by an order stating that his pay is retrospectively reduced w.e.f 12.08.2007 by taking away the fixation benefits granted to him. Hence, the applicant has approached this Tribunal praying for the above reliefs.
When the matter came up for consideration, it appears that the contention of the applicant is that the relevant rule is Rule 13 of CCS (RP) Rules, 2008 not FR 22 for fixing the pay of the applicant.
Adv.Mr.S.Manu takes notice on behalf of the respondents and submits that the respondents have no objection in disposing of the representations.
In view of the pendency of the representations the competent authority is directed to consider the representation of the applicant dated:22.10.2021 on the basis of relevant rules and regulations and rule 13 of CCS(RP) Rules, 2008 and pass a speaking order on the same after giving an opportunity to the applicant for hearing within a period of three months from the date of receipt of a copy of this order. Till that time Annexure A1 will not be implemented.
The Original Application is disposed of without going into the merits of the case as above at the admission stage itself. No costs.