UNION OF INDIA AND OTHERS versus ASHOKE KUMAR BANERJEE

Citation: [1998] 3 S.C.R. 414 · Decided: 13-05-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Case Allowed
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Judgment (excerpt)

A 
UNION OF INDIA AND OTHERS 
v. 
ASHOKE KUMAR BANERJEE 
MAY 13, 1998 
B 
[SUJATA V. MANOHAR AND M. JAGANNADHA RAO, JJ.) 
Service Law-Fundamental Rules-FR 22(J)(a)(i)-Benefit under-
j 
Whether could be availed twice-Respondent working as Junior Engineer 
and after the completion of J 5 year's he was granted Assistant Engineer 
C Pay scale-On his promotion to the post of Assistant Engineer, he again 
claimed the benefit of pay fixation-Held, not entitled to pay frx:ation again 
under FR 22(/)(a)(i) in Assistant Engineer's pay scale. 
The respondent while working as Junior Engineer in the pay-scale of 
Rs. 1640-2900, was granted Assistant's Engineer pay scale of Rs. 2000-
D 3500 on personal basis on completion of 15 years of service as Junior 
Engineer. His pay was fixed under FR 22(l)(a)(i). Respondent availed the 
benefit of pay fixation under FR 22(1)(a)(i) from the date of next increment 
,,A 
Later on the respondent was promoted as Assistant Engineer on functional 
basis in the pay scale of Rs. 2000-3500. He claimed that FR 22(l)(a)(i) be 
applied to his case once again and his pay should be refixed in the scale of 
E Rs. 2000-3500 by giving him fresh benefit of the increment permitted by the 
said FR which was rejected by the appellant. Respondent then filed a petition 
in the Central Administrative Tribunal claiming the above benefit. The petition 
was allowed on the ground that as this was his actual promotion from the 
post of Junior Engineer to the post of Assistant Engineer, and as he was 
necessarily discharging higher duties and responsibilities, he was entitled 
p to a fresh fixation of pay under FR 22(1 )(a)(i). Hence this appeal. 
., 
G 
It was contended by the appellants that Tribunal's direction would 
amount to giving the respondent the benefit of FR twice over and the same 
was not permissible. 
Allowing the appeal, this Court 
HELD : I. The respondent having received the same benefit in advance, 
while working as Junior Engineer and while not actually functioning as an 
Assistant Engineer, is not entitled to the same benefit of fresh fitment in the 
scale of Rs. 2000-3500 when he is promoted as Assistant Engineer. This is 
because on actual promotion as Assistant Engineer, he is not being fitted into 
H the "time scale of the higher post" as stated in FR 22(l)(a)(i). That situation 
414 
. 
-1 
U.0.1. v. A.K. BANERJEE [M. JAGANNADHA RAO, J.] 
415 
--'c.. 
was already over when he got benefit on completion of 15 years. Further, the A 
respondent is a junior officer in the category of Junior Engineers and he 
--
has already got the benefit on the basis of the same FR; then he would be 
getting more than his seniors, who might have got promoted earlier and 
night have got benefit of FR 22(l)(a)(i) only once. Such an anomaly is not 
intended by FR 22(l)(a)(i). (418-D-G] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2699of1997. B 
From the Judgment and Order dated 3 .12. 93 of the Central Administrative 
Tribunal, Calcutta in O.A. No. 241 of 1993. 
P.P. Malhotra, Ms. Binu Tamta and (Vineet Malhotra) for C.V.S. Rao for 
the Appellants. 
c 
In-person for the Respondent. 
The Judgment of the Court was delivered by 
M. JAGANNADHA RAO, J. This appeal is preferred by the Union of 
India and the C.P.W.D. against the order of the Central Administrative Tribunal, D 
Calcutta dated 3.12.1993 passed in O.A. No. 241 of 1993. By that order, the 
).._ 
Tribunal directed that the "pay of the petitioner in the promotional post 
should be fixed in terms ofF.R. 22(l)(a)(i) with effect from 1.8.1991 and all 
consequential benefits including arrears should be paid to him within a period 
of 3 months from the date of communication of this order". 
The facts relevant to the case are as follows: The respondent was E 
working in the C.P.W.D. as Junior Engineer in the senior scale Rs. 1640 - 2900 
and as he had put in 15 years service as Junior Engineer, he was granted the 
Assistant Engineer's scale of Rs. 2000 - 3500 (in terms of Government oflndia, 
-
Ministry of Urban Development. (I Division) No. 12014\2\87 IW II dated 
' 
22.3.1991). By giving him the necessary increment, his pay was fixed at Rs. F 
2600 as on 1.2.1991 by applying FR 22(1 )(a)(i) as permitted in the said order. 
This was after the respondent opted for this scale. The date of his next 
increment which fell on 1.2.1991 was taken into account while granting him 
the increment mentioned in the FR. Later he was promoted, pursuant to 
certain orders of the CA
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