Supreme Court Partially Allows Appeal Regarding Pay Fixation Under FR 22-c. The Court found that the appellant was entitled to the benefit of FR 22-c for pay fixation upon promotion as conceded by the Government.

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Case Note & Summary

The dispute arose when the appellant approached the Central Administrative Tribunal, New Bombay Bench, seeking relief under the time Bound One Promotion (TBOP) scheme and the application of FR 22-c for pay fixation upon promotion. The Tribunal initially granted the benefit of FR 22-c but later mistakenly rejected a clarification petition regarding this relief. The appellant was subsequently promoted but did not receive the pay fixation as directed. The Supreme Court, upon reviewing the case, agreed with the Tribunal's initial reasoning regarding FR 22-c but noted the error in the clarification petition. The Court acknowledged that the Government had conceded the appellant's claim, leading to the conclusion that the appellant was entitled to the benefit of FR 22-c for pay fixation. Consequently, the appeal was partially allowed, and the Court directed that the appellant's pay should be fixed accordingly, with no order as to costs.

Headnote

A) Administrative Law - Pay Fixation - Entitlement to FR 22-c - Central Administrative Tribunal Act, 1985, Section Not Mentioned - The appellant sought the benefit of FR 22-c for pay fixation upon promotion as Lower Selection Grade Accountant, which was initially granted by the Tribunal but later denied in a clarification petition. The Supreme Court found merit in the appellant's claim and held that the pay should be fixed under FR 22-c as conceded by the Government. (Paras Not Mentioned).

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Issue of Consideration

Whether the appellant is entitled to the benefit of FR 22-c for pay fixation upon promotion.

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Final Decision

The Supreme Court partially allowed the appeal, directing that the appellant's pay should be fixed under FR 22-c upon promotion as Lower Selection Grade Accountant, with no order as to costs.

Law Points

  • Administrative law
  • Central Administrative Tribunal
  • pay fixation
  • FR 22-c
  • promotion scheme
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Case Details

1997 LawText (SC) (04) 100

1997-04-07

K. Venkataswami, S.P. Kurdukar

Vaman Dattatry Gadagkar

Director General of Posts, Bombay

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Nature of Litigation

Administrative dispute regarding pay fixation upon promotion.

Remedy Sought

The appellant sought the benefit of FR 22-c for pay fixation as a Lower Selection Grade Accountant.

Filing Reason

The appellant filed a petition after the Tribunal failed to fix his pay as directed.

Previous Decisions

The Tribunal initially granted the benefit of FR 22-c but later rejected a clarification petition.

Issues

Entitlement to FR 22-c for pay fixation Mistake in Tribunal's clarification order

Submissions/Arguments

The appellant argued for the application of FR 22-c as per the Tribunal's initial order. The respondent contended that the clarification petition was rightly rejected.

Ratio Decidendi

The Court held that the appellant was entitled to the benefit of FR 22-c for pay fixation upon promotion, acknowledging the Government's concession regarding the claim.

Judgment Excerpts

The Tribunal while passing the main order in O.A.No. 96/87 granted the relief regarding the application of FR 22-c. We hold that the appellant is entitled to the benefit of FR 22-c.

Procedural History

The appellant filed O.A.No.96/87 before the Tribunal, which granted partial relief. A clarification petition was later filed but rejected by the Tribunal, leading to the appeal in the Supreme Court.

Acts & Sections

  • Central Administrative Tribunal Act, 1985:
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