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Judgment
Justice K.Haripal, Judicial Member
The applicant is a Telecom Technician. He commenced his career as Casual Mazdoor on 01.10.1989, regularised as Group D employee with effect from 1.4.1994. He was trained as Telecom Technician, but provisionally appointed as Lineman and further promoted as Telecom Mechanic on 23.01.2003. While he was continuing in the scale of pay of Rs.4720-150-6970, the Non-Executive Promotion Policy was introduced by the BSNL under Annexure A-2. On that basis, on completion of 7 years service, after setting off first financial upgradation, he was granted 2nd time bound upgradation from 2010. Meanwhile, pay scales of all employees were revised w.e.f 1.1.2007. Referring to Annexure A-3, learned counsel for the applicant contended that all his juniors who were promoted as Telecom Mechanic in September/October 2005 have been given higher scale of pay. When this anomaly was pointed out through Annexure A-4, that was not considered by the respondents and aggrieved by the same, the applicant has approached this Tribunal seeking a declaration that he is entitled to have his pay stepped up at par with his Junior Sri.Antony Justine and for a direction to the respondents to step up the pay.
The respondents have resisted the contentions. Today, when taken up for final hearing, the learned Counsel for the applicant has brought to our notice the common order of this Tribunal in O.A Nos.180/00091/2017 and 180/00131/2017 dated 8th May 2023. We heard the learned Standing Counsel also.
After hearing counsel on both sides and having gone through the order of this Tribunal in the above mentioned Original Applications dated 8th May, 2023, we are convinced that the applicant is entitled to get an identical treatment. It is to be noticed that the Tribunal had passed that order basing on the common order in O.A Nos.179/2019 and 256/2017. Therefore, the Original Application is allowed and the respondents are directed to step up the pay of the applicant at par with his juniors from the date when the junior to the applicant started drawing pay higher than that of the applicant. The arrears and consequential benefits shall be worked out and paid within a period of three months from the date of receipt of a copy of this order.
The Original Application is allowed as above. No costs.
List of Annexures
Annexure A1- True copy of order bearing No.Admn-11/267/7/V/2002-03/05 dated 23.01.2003 issued from the office of the 3rd respondent
Annexure A2- True copy of communicated No.27-7/2008/TE-II dated 23.03.2010 issued from the office of the 1st respondent
Annexure A3- True copy of order bearing No.ST/EK/377/C/2015/8 dated 21.12.2015 issued from the office of the 3rd respondent
Annexure A4- True copy of the representation dated 25.1.2017 addressed to the third respondent
Annexure R1(a)- True copy of the comparative statement of the pay of the applicant and Shri Antony Justine
Annexure R1(b)- True copy of the clarification of Corporate office dated 28.9.2011
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