Shri Tejpal Singh Maan vs The Govt. of NCT of Delhi and Others

Anil Kumar, J.—The Petitioner had impugned the order dated 15th January, 2004 rejecting his request for fixation of pay in the senior scale at Rs. 6900/- w.e.f. 10th March, 1996. In terms of earlier order dated 20th November, 1999 his pay was fixed at Rs. 6900/-, he sought restoration of that scale with all consequential benefits.

The Petitioner had contended that he was working as TGT (Science) in the pay scale of Rs. 1400-2600/-and based on the 5th Central Pay Commission, he was placed in the corresponding revised pay scale of Rs. 5500-9000/- w.e.f. 1st January, 1996. His basic pay which was Rs. 1900/- in the pre-revised scale of Rs. 1400-2600/- was fixed at Rs. 6,025/- in the revised pay scale of Rs. 5500-9000/-.

In the circumstances, the grievance raised by the Petitioner was that his pay was fixed at Rs. 6,025/- in the revised pay scale of Rs. 5500-9000/- and at that time there was a provision that when any employee opts to switch over to revised pay scale from the date of their next increment falling after 1.1.1996 but not later than 31.12.1996, his pay was required to be fixed as per Rule 9 of the CCS (Revised Pay) Rules, 1997.

The Tribunal after considering the pleas and contentions of the parties, rejected the claim of the Petitioner by order dated 7th December, 2004 in OA No. 704 of 2004 titled as ''Sh. Tejpal Singh Man v. Govt. of NCT of Delhi and Ors.''. The Tribunal held that the Petitioner could not take the benefit of the post and the scale of the post held by him later than 1.1.1996, as on 1.1.1996 he was holding the post of TGT in the scale of Rs. 1400-2600/- and not the senior scale of Rs. 1640-2900/- which scale was granted to him only on 10th March, 1996. Therefore, he was entitled to increment in the scale of Rs. 1400-2600/- and his pay stood at Rs. 1950/- on 10th March, 1996 in the pre-revised scale of Rs. 1400-2600/- (Revised Rs. 5500-9000/-). The final decision in regard to pay of the Petitioner was taken by the Respondents after giving due opportunity to him by issuing a show cause notice and the reasons for fixation of the pay have been detailed in the order dated 15th January, 2004 fixing the pay at Rs. 6500/- w.e.f. 10th March, 1996 in terms of the relevant rules and instructions on the subject.

No one has appeared on behalf of the parties. The writ petition is therefore, dismissed in default.