Judgment

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, 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 of F.R. 22(1)(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”.

2. The facts relevant to the case are as follows :

The respondent was 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 of India, 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. 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