Joseph Vs. Union of India & Ors  INSC 24 (8 January 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 AIR 1010 1996 SCC (7) 392 JT 1996 (1) 561 1996 SCALE (1)479
O R D
appeal is filed against the order of the Central Administrative Tribunal,
Calcutta Bench dated March 11, 1987 made in ND OA No.12/A&N/87. The
appellant claimed higher scale of pay as Head Compounder. Though the Health
Department in Adaman & Nicobar Island had recommended to consider his case
for grant of special pay, the Government after elaborate consideration in
proceedings dt. April
21, 1976 considered
that question of prescribing any higher scale of pay for the post of Head Compounder.
Lily Thomas, the learned counsel appearing for the appellant relying upon
Fundamental Rule 9(25) Clause 7(iii) contended that the appellant is entitled
to the special pay on par with others which is being denied to the appellant.
A.N. Jayaram, the learned Additional Solicitor General appearing for the
respondents stated that this grievance was not made by the appellant at any
point of time. As a fact all those who are working in Andaman & Nicobar Island, as per the Fundamental Rules, are being paid Andaman
special pay and the appellant is not discriminated on that account.
the contention of the counsel for the respondents, we are of the considered
view that the grievance of the appellant is not well founded. It is needless to
mention that whatever direction that have been given by the Government of India
under the Fundamental Rules for payment of special pay to the employees working
in Andaman & Nicobar Island, they are entitled for the same and accordingly
such special pay be paid to all the eligible persons including the appellant.
appeal is dismissed with the above observations.