Tribunals and CommissionsDivision Bench(2020) 03 CAT CK 0053

Sanchay Singhal vs Delhi Metro Rail Corporation

Central Administrative Tribunal · Decided on 11 March 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · A. K. Bishnoi, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 503 Of 2015

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

65 paragraphs · 785 words

L. Narasimha Reddy, J

1.

The applicant was selected and appointed as Executive Trainee by the Delhi Metro Rail Corporation (DMRC) on 30.07.2008, in the IDA pay scale of Rs.11000-350-15200/-. There was a revision of IDA pay scales in the year 2009 and he was allowed the revised pay scale of Rs.20600-46500/-. The applicant left service of the DMRC on 02.12.2014.

2.

While in service of the respondent organisation, the applicant went on making representations to the effect that the revised pay scale for the post of Executive Trainee is Rs.24900-50500/- and he was wrongfully denied the benefit thereof. This OA is filed with a prayer to direct the respondents to upgrade the scale of pay of the applicant to Rs.24900-50500/- and to pay him the differential amount.

3.

On behalf of the respondents, detailed counter affidavit is filed. It is stated that the post of Executive Trainee carried the pre-revised scale of Rs.9000-15300/-and pending revision thereof, an adhoc enhancement was made to that of Rs.11000-15200/- through order dated 26.06.2007 and the applicant was put in that scale. It is stated that the final revision has taken place vide order dated 25.09.2009 and the revised IDA pay scale for the pre-revised scale of Rs.9000-15300/- is Rs.20600-46500/- and that is accordingly given. It is also stated that the revised scale of Rs.24900-50500/- is referable to the pre-revised scale of Rs.11300-17300/- and the applicant was never in that scale of pay.

4.

The OA is being listed from time to time and as of now, it has undergone 39 adjournments. There is no representation for the applicant. Therefore, we have perused the record, as provided under Rule 15 of the CAT (Procedure) Rules, 1987, and heard Shri V.S.R. Krishna, learned counsel for respondents.

5.

The applicant joined the service of the respondents in the year 2008 and left on 02.12.2014. The OA was filed claiming the benefit of the revised pay scale of Rs.24900-50500/- for the period during which he worked.

6.

In the order of appointment of the applicant, the pay scale of Rs.11000-15200/- was mentioned. It is referable to the Office Order dated 26.06.2007. The preamble of that order reads as under :-

"OFFICE ORDER No.PP/641/2007

Sub: Revision of IDA pay scales in DMRC.

The issue of revision of IDA pay scales of executives and non-executives in DMRC was under consideration of the management for some time. It has been decided to revise the IDA pay scales in DMRC as under :-

S. No.

Existing IDA Pay Scales

Revised IDA Pay Scale

1.

2900-70-3600

2950-100-4450

2.

3000-75-4500

3250-125-5125

3.

3600-100-5500

3900-150-6150

4.

4500-125-7000

5000-175-7625

5.

5700-175-9200

6200-225-9575

6.

6200-200-10200

6950-250-10700

7.

7400-225-11900

8200-275-12325

8.

8500-275-14000

9500-300-14300

9.

9000-300-15300

11000-350-15200

10.

11300-375- 17300

12500-400-17300

11.

13600-425- 18700

14250-450-19650

12.

16200-450- 20700

17100-475-21850

13.

18600-500- 22600

19600-525-23800

14

20800-575- 25400

22000-600-26800

2.

The revised pay scales will take effect from 01/04/2007.

3.

Those who have joined DMRC after 01/04/07 will be deemed to have joined in the revised pay scales itself.

4.

The revised pay scales will not be applicable to those employees who have resigned/left DMRC before issue of these orders.

5.

The pay in the revised pay scales will be fixed at the appropriate stage by allowing the number of increments drawn in the existing pay scale by the officer/ staff concerned as on 01/04/07. The work of fixation of pay in revised scales will take some time and the salary as per revised scales will be drawn/paid only in the month of July'2007.

6.

This issues with the approval of MD."

7.

From the above, it is evident that the revised pay scale of Rs.11000-15200/- is referable to pre-revised IDA pay scale of Rs.9000-15300/-. In other words, the post of Executive Trainee carried the pre-revised IDA pay scale of Rs.9000-15300/- and in view of the office order dated 26.06.2007, the ad hoc revised pay scale of Rs.11000-15200/- was granted.

8.

Vide order dated 25.09.2009, the final revision was notified. Against the pre-revised pay scale of Rs.9000-15300/-, the new scale of Rs.20600-46500/- was mentioned. The applicant is on the other hand, is claiming the revised pay scale of Rs.24900-50500, which is referable to the pre-revised scale of Rs.11300-17300.

9.

On the face of it, the claim of the applicant is untenable. The misunderstanding occurred on account of the fact that the applicant has treated the ad hoc revised pay scale of Rs.11000-15200/- as pre-revised IDA pay scale. As a matter of fact, there was no pre-revised scale of Rs.11000-15200/-, as is evident from table contained in the Office Order dated 26.06.2007.

10.

We do not find any merit in the OA and the same is, accordingly, dismissed.

There shall be no orders as to costs.