A.J. JOSEPH
A
v.
'
UNION OF INDIA AND ORS.
JANUARY 8, 1996
[ K. RAMASWAMY AND G.B. PATTANAIK, JJ.]
B
Service Law :
Civil Services-Fundamental Rule 9(25) clause 7(iii)--Higher scale of
Pay-Head Compounder posted at Andaman & Nicobar Island-Claim c
negatived by Government and upheld by the Tribunal-Held: claim not well
founded-However Special pay mi par with other employees working inAndman
& Nicobar as provided under the fundamental rule be paid to all eligible
persons including the claiinant Head Compounder.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1909 of 1996.
D
'
From the Judgment and Order dated 11.3.87 of the Central Administra-
tive Tribunal, Calcutta in 0.A. No. 12/A & N of 1987.
Ms. Lily Thomas for the Appellant.
A.N. Jayaram, Additional Solicitor General, D.S. Mehra, A.S. Rawat and
E
Ms. A. Subhashini for the Respondents.
The following Order of the Court was delivered :
"'
Leave granted.
This appeal is filed against the order of the Central Administrative
F
Tribunal, Calcutta Bench dated march 11, 1987 made in ND OANo. 12/A&N/
87. The appellant claimed higher scale of pay as Head Compounder. Though
the Health Department in Andaman & Nicobar Island had recommended to
consider case fOr grant of special pay, the Government after elaborate
consideration in proceedings dt. April 21, 1976 considered that question of G
prescribing any higher scale of pay for the post of Head Compounder in
.-,
Andaman & 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
H
213
A
B
c
214
SUPREME COURT REPORTS
[1996] l S.C.R.
upon Fundamental Rule 9(25) Clause ?(iii) contendd that the appellant is
entitled to the special pay on her with others which is being denied to the
appellant. Shri A.N. Jayaram, the learned Additional Soldtor General appearing
for the respondents stated that this grievance was not rr.ade 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 Ardaman 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 oflndia under the Fundamental
Rules for payment of special pay to the employees \\ orking in Andaman &
Nicobar Island, they are entitled for the same and accodingly such special pay
be paid to aH the eligible persons including the appell.mt.
The appeal is dismissed with the above observa:ions.
G.N.
Appeal dismissed.
•
Lex