Basudev
Pati Vs. State of Orissa & ANR [1997] INSC 231 (3 March 1997)
K.
RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
O R D
E R This special leave petition is filed against the order of the Orissa
Administrative Tribunal at Cuttack passed
on December 6, 1996, in Transfer Application No.610/87.
Admittedly,
the petitioner, while working as Lecturer, had appeared in competitive
examination and was selected to the Orissa Administrative Service. As Orissa
Administrative Service, Class-II, his scale of pay was Rs.525-1150/-.
Earlier,
also when he worked as Lecturer, the scale of pay was Rs.525-1150/- which was
subsequently revised by the University Grants Commission w.e.f. April 1, 1974 to Rs.700- 1600/-. In that pay
scale, his pay fixed at Rs.780. He was paid arrears of salary with
retrospective effect from 1.1.1974. After he was selected and appointed to the Orissa
Administrative Service, he sought protection of his last drawn pay and his
upgraded fitment in the pay scale in the Orissa Administrative Service. The Tribunal
has rejected the claim. Thus this special leave petition.
Shri Janaranjan
Das, learned counsel appearing for the petitioner, contends that since the
petitioner had been given the pay scale with retrospective effect from
1.1.1974, on his appointment to the Orissa Administrative Service, his last
drawn pay need to be protected. As per the instructions of the Accountant
General, his pay is entitled to be fixed at Rs.780/- in the pay scale in the
service of Orissa Administrative Service. We find no force in the contention.
The
service as a Lecturer is entirely different from the service of the Orissa
Administrative Service. Merely because he happened to work earlier as a Lecture
and in the same pay scale which was subsequently revised, he cannot be permitted
to have the benefit of U.G.C. scale in the Administrative Service and fitment
in the pay-scale on that basis. That would create imbalance and gross
infraction and distortion and would result in flood of claims of similarly
situated persons under Article 39(d) of the Consitution. Under these
circumstances, such a course cannot be permitted to be adopted.
The
special leave petition is dismissed accordingly.
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