Union Of India & Ors. vs Shri J.C. Gonsalvez
2011 Latest Caselaw 2010 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           W.P.(C) No. 21357-59/2005

%                              Date of Decision: 06.04.2011

UNION OF INDIA & ORS.                             ..... Petitioners
                   Through : None

                    versus

SHRI J.C. GONSALVEZ                              ..... Respondent
                         Through : Mr. L.R. Khatana, Advocate


CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL

1.    Whether Reporters of local papers may be allowed
      to see the judgment ? No
2.    To be referred to the Reporter or not? No
3.    Whether the judgment should be reported in Digest? No

ANIL KUMAR, J.

The petitioner Union of India through the Secretary,

Ministry of Consumer Affairs has challenged the order dated

17.11.2004 passed by Central Administrative Tribunal, Principal

Bench in O.A. No. 536/2004 titled Sh. J.C. Gonsalvez & Ors. v

Union of India & Ors. allowing the application of the respondents

and quashing the order dated 07.01.2004 whereby higher

replacement scales were declined to the respondents, was set

aside and petitioners were directed to re-consider the case of the

respondents for grant of higher pay scales of `5000-8000 and

`6500-10500 for the post of Assistant Chemist in accordance with

the recommendations of the 5th Central Pay Commission.

The plea of the petitioner before the Tribunal was that

though the respondents fulfilled the qualification required for

grant of pay scale as per the recommendations of the 5th Central

Pay Commission which was also accepted by the petitioners,

however, proposal had not been agreed to by the Implementation

Cell of the Department of Expenditure, Ministry of Finance.

The Tribunal had also held that the respondents were

similarly placed as Junior Technical Assistants and Technical

Assistants who had been granted higher replacement scale by the

Department of Biotechnology by order dated 09.02.2001.

During the pendency of the writ petition, the order of the

Tribunal dated 17.11.2004 which is impugned in the present

petition had been implemented provisionally, subject to outcome

of the writ petition w.e.f. 01.01.1996.

No one is present on behalf of the petitioner.

The writ petition is, therefore, dismissed in default.

ANIL KUMAR, J.

VEENA BIRBAL, J.

APRIL 06, 2011 kks