Case Note & Summary
The case involved an appeal by the Union of India and the Central Public Works Department (C.P.W.D.) against an order of the Central Administrative Tribunal, Calcutta, which directed the fixation of the respondent's pay in the promotional post of Assistant Engineer under FR 22(1)(a)(i). The respondent, having served as a Junior Engineer for 15 years, was granted the Assistant Engineer's scale of pay and had his pay fixed accordingly. He later sought to apply FR 22(1)(a)(i) again upon his promotion to Assistant Engineer, claiming entitlement to a fresh increment. The Tribunal agreed, but the appellants contended that this would amount to receiving the benefit of FR twice, which is impermissible. The court examined the provisions of the relevant OM and FR, concluding that the respondent had already received the benefit of the higher scale and could not claim it again upon promotion. The court emphasized that the application of FR 22(1)(a)(i) requires not only a promotion but also a transition from a lower scale to a higher scale, which had already been fulfilled. Thus, the appeal was allowed, the Tribunal's order was set aside, and the original application was dismissed without costs.
Headnote
A) Administrative Law - Pay Fixation - Double Benefit of FR 22(1)(a)(i) - Not permissible to grant the same benefit twice for the same promotion - Fundamental Rules, 1922, Rule 22(1)(a)(i) - The court held that the respondent, having already received the benefit of FR 22(1)(a)(i) upon completion of 15 years of service, was not entitled to a second application of the same rule upon promotion, as it would create an anomaly against senior officers. (Paras 1-4)
Issue of Consideration
Whether the respondent is entitled to a fresh application of FR 22(1)(a)(i) upon promotion to Assistant Engineer after already receiving benefits under the same FR.
Final Decision
The Supreme Court allowed the appeal, set aside the Tribunal's order, and dismissed the original application, ruling that the respondent was not entitled to a second application of FR 22(1)(a)(i). No costs were awarded.
Law Points
- Pay fixation
- FR 22(1)(a)(i)
- promotion benefits
- administrative tribunal orders
- service rules
