1 wp2829.02
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2829 OF 2002
1) Union of India, through Secretary,
Central Board of Direct Taxes, Ministry
of Finance, Department of Revenue,
North Block, New Delhi-01.
2) Director General, National Academy of
Direct Taxes, Chhindwara Road,
Nagpur-29. ... Petitioners
- Versus -
Yellapragada Venkatesha Thalpa Sai s/o
Y.L. Narasimha Rao, aged about 32 years,
Assistant Commissioner of Income Tax,
Avantica-II, N.A.D.T. Quarters, Nagpur-29. ... Respondent
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Shri S.A. Chaudhari, Advocate for petitioners.
Shri T.R. Darda, Advocate for respondent.
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CORAM : B.P. DHARMADHIKARI AND
MRS. SWAPNA JOSHI, JJ.
DATED : JANUARY 9, 2018 ORAL JUDGMENT (PER B.P. DHARMADHIKARI, J.) :
Heard Adv. Chaudhari for petitioners and Adv. Darda for respondent.
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2 wp2829.02 2) After hearing respective Counsel for the parties yesterday, matter came to be adjourned to today. 3) Facts show that respondent is Scientific Officer (D) working
earlier with Centre for Advanced Technology, Indore. Upon selection, he reported at establishment of petitioner no.2. Thus, he joined Indian Revenue Service.
4) The employer claimed that employee Shri Yellapragada should be given minimum of pay scale of Rs.2200-4000/- as direct recruit. His earlier employer, namely, Department of Atomic Energy had fixed him at Rs.3125/- on 1/8/1992 in pay scale of Rs.3000-4500/-.
5) The employee contended that as petitioner was holding lien on the post of Scientific Officer (D), as per provisions of Rule 22-B of the Fundamental Rules, he ought to have been fixed by accepting his present pay at appropriate stage even in his new pay scale after his recruitment in Indian Revenue Service. The employer submitted that his pay could not have been protected.
6) In this backdrop, Central Administrative Tribunal has evaluated controversy, looked into Rule 22-B of the Fundamental Rules and found that the employee needed to be fixed at Rs.3625/- as on 2/9/1993 in the pay scale of Rs.2200-4000/-.
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3 wp2829.02 7) Effort of Adv. Chaudhari for petitioners is to demonstrate that
the Central Administrative Tribunal has relied upon alleged protection given to one Shamboo Nath by present petitioners. He submits that later on it was withdrawn and hence, it did not constitute a precedent.
8) Adv. Darda on behalf of respondent employee submits that the treatment accorded to Shri Shamboo Nath in the matter of pay fixation is not the sole reason given by Central Administrative Tribunal. He relies upon Rule 22-B(1)(a) of the Fundamental Rules. He further submits that the provision is very clear and as pay of petitioner on the post on which he had a lien was more, direction to fix him accordingly is legal.
9) We have perused records. Fundamental Rule 22-B(1) considers the cases in which a Government servant is appointed as probationer in another service or cadre and is confirmed subsequently in that service or cadre. It stipulates that during probation period, he has to draw pay at the minimum of the time scale of pay of the post on which he has been recruited. However, there is a proviso, which stipulates that if pay of permanent post on which such Government servant holds lien or would hold lien, is greater than the pay fixed under above provision, then the greater amount should be paid to him. This amount, which is more than the minimum of pay scale of a probationer, is mentioned as presumptive pay of the permanent post.
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4 wp2829.02 10) Here facts are not in dispute. Presumptive pay of the post of petitioner as Scientific Officer (D) as on 2/9/1993 was Rs.3625/-. We,
therefore, do not find anything wrong in application of mind by Central Administrative Tribunal. No case is made out for interference. The writ petition is dismissed. Rule is discharged. No costs.
JUDGE JUDGE
khj
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