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Union of India Vs. K.R. Thampi [1996] INSC 1381 (4 November 1996)

K. Ramaswamy, G.B. Pattanaik

ACT:

HEAD NOTE:

THE 4TH DAY OF NOVEMBER, 1996 Present :

Hon'ble Mr.Justice K. Ramaswamy Hon'ble Mr. Justice G.B. Pattanaik Ms. A. Jain, Ms. Indra Sawhney, A.K. Sharma, Advs. for the appellant Mahender Singh, P.R. Malhotra, C.N. Sree Kumar, K.M. Balgopal Advs. for the Respondent O R D E R The following Order of the court was delivered :

O R D E R

Leave granted .

This appeal by special leave arises from the judgement and order of the Central Administrative Tribunal, Ernakulam, made on 4.1.1996 in OA No.462 of 1995.

The admitted position is that the respondent was appointed as a veterinary doctor on a temporary post in the pay-scale of Rs.650-1200/- which was subsequently revised to Rs.2000 3500/-. After closure of the Dandakaranya Project, instead of dismissing him from service as an Administrative Officer, they adjusted the respondent as per the Deployment of Surplus Staff Rules. Initially, the respondent was allotted to the Scheduled Caste and Scheduled Tribe Commission on their willingness to receive him, but later on, he was not assigned any duty. On receipt of letter from the Commission, the responded was allotted to the Geological Department as an Administrative Officer by offer dated 26.2.1987. The scale of pay therein also was the same as was of the Administrative Officer in the Dandakaranya Project, viz., Rs.2000-3500/-. He claimed the scale of Rs.700-1300/ which was subsequently revised to Rs.2200-4000/- The Tribunal has directed grant of the aforesaid relief. It is obvious that the scale of Rs.2200- 4000/- is higher scale of Assistant Director than the Administrative Officer to which post the respondent was appointed. On deployment to Geological Department, he was actually drawing the scale of pay. His service were transferred to Geological Department, Dandakaranya Project.

Learned counsel for the respondent contends that since he was given posting as Assistant Director in the Schedule Caste and Schedule Tribe Commission and he had agreed to report to join the duty, the mere fact his that he was not assigned any work, does not take away his right to the salary attached to that post. We find no force in this contention. Due to the letter addressed by the Commission, the Government reallotted him to the Geological Department as Administrative Officer carrying the same scale of pay drawn by him in Dandakranya Project. Under these circumstance, the view taken by the Tribunal is clearly illegal.

The appeal is accordingly allowed. He is entitled to the pay-scale of Rs.2000-3500/- in Geological Department as Administrative Officer. There will be no order as to costs.

It would be open to the respondent to make a representation to the Government on his claim for non- practising allowance; and it is for the Government to consider and dispose it of according to the Rules.

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