Delhi High Court
Shri Tejpal Singh Maan vs The Govt. Of Nct Of Delhi & Ors. on 29 March, 2011
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.14339/2005
% Date of Decision: 29.03.2011
Shri Tejpal Singh Maan ...... Petitioner
Through None
Versus
The Govt. of NCT of Delhi & Ors. ...... Respondent
Through None
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL
1. Whether reporters of Local papers may be NO
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
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 & 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.
ANIL KUMAR, J.
MARCH 29, 2011 VEENA BIRBAL, J.
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