A.J.
Joseph Vs. Union of India & Ors [1996] INSC 22 (8 January 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 AIR 1010 1996 SCC (7) 392 JT 1996 (1) 561 1996 SCALE (1)479
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
This
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 Andman & Nicobar Island and recommended to consider his
case of 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
in Andman & Nicobar Island does not arise. The Tribunal has held that this being a
policy decision, the Tribunal cannot give the direction to prescribe the higher
scale of pay to the Head Compounder.
Ms.
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.
Shri
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 Andman & Nicobar Island, as per the Fundamental rules, are being paid Andman
special pay and the appellant is not discriminated on that account.
Accepting
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 of the employees working
in Andman & Nicobar Island, they are entitled for the same and accordingly
such special pay be paid to all the eligible persons including the appellant.
The
appeal is dismissed with the above observations.
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