Union of India Vs. K.R. Thampi  INSC 1381 (4 November 1996)
4TH DAY OF NOVEMBER, 1996 Present :
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
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.
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.
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
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.
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.