CHANDER BHAN GILL versus UNION OF INDIA

Citation: [1994] SUPP. 1 S.C.R. 590 · Decided: 14-07-1994 · Supreme Court of India · Bench: KULDIP SINGH, J.S. VERMA, R.M. SAHAI · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
CHANDER BHAN GILL 
v. 
UNION OF INDIA 
JULY 14, 1994 
B 
(KULDIP SINGH, J.S. VERMA AND R.M. SAHA!, JJ.] 
.Service Law: Central Civil Services (Revised Pay) Rules, 1986-:ll.ules 
5, 6(3), 7 & 8 and Office Memorandum dated 4.5.1987-Fixation of pay in 
C the revised scale of pay and annual increment falling on the same day-Held 
entitled to increment in the revised scale of pay. 
The appellant and one 'D' were selected and appointed as Assistants 
(Legal) In the Department of Legal Affairs, Ministry of Law & Justice 
under the Respondent-Union Government on 25.1.1985 and 4.3.1985 
D respectively. The pay scale for the post was 425-800 and it was revised to 
1640·2900 with effect from 1.1.1986. Based on the recommendation of the · 
Third Pay Commission, the Respondent decided to grant the annual 
Increments from the first of the month In which the increment falls due. 
According to the Offict Memorandum dated 4.5.1987 Issued by the 
Respondent, It was clarified that the Increment In the pre-revised scale was 
E to be allowed first on 1.1.1986 and thereafter to fix the pay in the revised 
scale. Accordingly the appellant's increments which fell due on 26.1.1986 
was advanced to 1.1.86 and his revised pay was fixed of Rs. 1640 after grant 
of increment in the pre-revised scale. In so far as 'D' was concerned his 
pay was fixed &t Rs. 1640 as on 1.1.1986 and he was granted annual 
F 
increment on 1.3.1986 raising his pay to Rs. 1700. 
Appellant claimed that his annual Increment in the revised pay scale 
and the respondent rejected the same. Appellant filed an application 
before the Central Administrative Tribunal. The Tribunal having dis· 
G missed the application the appellant prefered the present appeal. 
Allowing the appeal, this Court 
HELD : 1. The appellant was entitled to the grant of Rs. 60 as 
increment with effect from January 1, 1986 and his basic pay in the revised 
H scale should have been fixed at Rs. 1700 from January 1, 1986. [595·H] 
590 
C.B. GILL v. U.0.1. [KULDIP SINGH, J.] · 
591 
2.1. The appellant did not give any option under rule 5 of the Central A 
Civil Services (Revised Pay) Rules, 1986 and as such under 6(3) he bacame 
entitled to the revised scale of pay "with effect on and from the 1st day of 
January, 1986'. Since the minimum of the revised scale of the appellant 
was more than the amount worked out Rule 7(A)(i)(ii) he became entitled 
under rule 7(A)(a) to be fixed at the minimum of the revised scale. It is B 
clear from the combined reading of rules 6 & 7 of the rules that the 
appellant was entitled to be fixed at Rs. 1640 as his basic pay with effect 
from January 1, 1986 in the revised scale. The pre-revised scale ceased to 
operate on December 31, 1985. [593·D·E] 
2.2. The language of rule 8 makes it clear that the appellant, whose C 
annual increment becanie due on January 1,1986, was entitled to the grant 
of the said increment in the revised pay scale. [595-G] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3958 of 
1992. 
From the Judgment and Order dated 13.4.1992 of the Central Ad-
ministrative Tribunal Principal Bench, New Delhi in O.A. No. 2254 of 1991. 
S.M. Hooda and Bhal Singh Malik for the Appellant. 
K.Lahiri, Ms. Niranjana Singh and Ms. Anil Katiyar for the Respon-
dent. 
The Judgment of the Court was delivered by 
D 
E 
KULDIP SINGH, J. Chander Bhan Gill (Gill) joined Central F 
Government Service on January 25, 1985. The Central Civil Services 
(revised pay) Rules, 1986 (the rules) came into force on January 1, 1986. 
0_11 completion of one year's service Gill was granted annual increment in 
the eicisting scale (unrevised) His claim for grant of annual increment in 
the revised pay scale was rejected by the Government. Gill challenged the G 
action of the Government by way of an application before the Central 
Administrative Tribunal, Principal Bench, New Delhi (the tribunal). The 
tribunal by its judgment date April 13, 1992 dismissed the application. This 
appeal by Gill is against the judgment of the tribunal. 
We may notice the necessary facts. Gill was selected for appointment H 
592 
SUPREME COURT REPORTS (1994] SUPP. 1 S.C.R. 
A as Assistant (Legal) in the Department of Legal Affairs, Ministry of Law 
and Justice, Government of India. He joined the Ministry as such on 
January 25, 1985 in the pay scale of 425-15-500-EB-15-560-20-700-EB-25-
800. One S.S. Dhaiya was also selected and appointed as Assistant (Legal) 
along with the appellant. He Joined service on

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