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1992 Supreme(SC) 782

M.N.VENKATACHALIAH, S.MOHAN, L.M.SHARMA
K. Gopinathan – Appellant
Versus
Union Of India – Respondent


Advocates:
GOBINDA MUKHOTY, LALITA KAUSHIK, M.N.KRISHNA MANI, Naresh Bakshi, Pravir Chaudhary, SHANKAR DIVATE

JUDGMENT

MOHAN, J.- Leave granted.

2. The appellant K. Gopinathan was working as Assistant Sub-Inspector of Police. He was taken on deputation in the Central Bureau of Investigation (in short CBI) on February 1, 1965. On such deputation he was paid his pay pertaining to the post of his parent office, as modified from time to time. Besides, he was also paid deputation duty allowance. On February 1, 1983, he was permanently absorbed and his pay was re-fixed.

3. It requires to be stated at this stage that on such absorption his basic pay was reduced from Rs 510 to Rs 390. Therefore, he submitted a representation to the Superintendent of Police, C.B.I. pointing out the loss caused to him by an incorrect fixation. In this regard he made repeated representations and ultimately on September 13, 1990 the appellant was informed that his pay fixation had been correctly done.

4. Aggrieved by that order, he moved Central Administrative Tribunal, Madras Bench by way of Original Application No. 967 of 1990. Before the Tribunal it was contended on behalf of the appellant that the basic pay on account of the absorption should not be reduced. Therefore, merely because the overall pay is more, that does

































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