JUDGMENT

K. JAYACHANDRA REDDY, J.: -This appeal by the Director, General Rice Research Institute is filed against the order of the Central Administrative Tribuanl, Cuttack Bench, Cuttack holding that the respondent Khetra Mohan Das should he held to have been apointed in the Category II, Grade T-II-3 in the scale of pay of Rs. 425-700 with effect from the date the Technical Services Rules of the Indian Council of Agricultural Research ("I.C.A.R." for short) came into force. To appreciate the point involved, it is necessary to state few material facts.

2. An advertisement was made inviting applications for appointment for a Senior Field Assistant, one of the techinical posts mentioned in the Hand Book of the Technical Services under the I.C.A.R. The concerned employement exchange sponsered the name of the respondent who held a degree of of B.Sc. (Hons.) He was appointed in the year 1971 in the Central Rice Reasearch institute ("C.R.R.I." for short) Cuttack, a wing of

I.C.A.R. as a Senior Field Assistant in the scale of the pay of Rs. 150-300. On the report of the Third Pay Commission, that scale was revised to Rs. 330-560 with effect from 1-1-73. On 1-10-75 the Technical Service Rules of the I.C.R.A. came into force. Para 3.1 provides as under:

"Categories and Grades of the Services."

3.1 The Technical Services are grouped into three categories consisting of the following grades:

Category Grade Pay Scale

Category-I (T-I) (i) Rs. 260-6-290-EB-6-326-8-366-EB-8-390-10-430

( T-2) (ii) Rs. 330-10-380-EB-12-500-EB-15-560

(T-I-3) (iii) Rs. 425-15-500-EB- 15-560-20-700

Category-II (T-II-3) (i) Rs. 425-15-5-EB-15-560-20-700

(T-4) (ii) Rs.550-25-750-EB-30-900

(T-5) (iii) Rs. 650-3-740-35-810-EB-35-880-40-1000 - EB-40-1200

Category-III (T-6) (i) Rs.700-40-900-EB-40-1100-50-1300

(T-7) (ii) Rs.1100-50-1600

(T-8) (iii) Rs.1300-50-1700

(T-9) (iv) Rs.1500-60-1800-100-2000"

The next relevant paras for the purpose of this case are paras 3.2,3.3and 5.1 which read as follows:

"3.2. The pay scales in Categories I and II replace the existing pay scale in the manner indicated in Appendix I. The new pay scales in Categories III are the existing pay scales.

3.3 The new pay scales will be applicable both to the future entrants as well as to the existing incumbents from 1-10-1975. However, the existing incumbents may, if they so desire, retain their existing scales as personal to them.

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Initial Adjusment of Existing Employees

5.1 The existing permanent and temporary employees appointed through regularly constituted D.P.C./Selection Committees will be fitted into the grades specified in para 3.1 on"point to point basis" without any further screening irrespective of their qualifications, However, persons holding positions in the merged grade of Rs. 425-700 and possesing qualifications prescribed for Category II, will be fitted in Grade T-II-3 (Rs. 425-700)."

As per these rules the respondent was inducted into Category I Grade T-2 and as seen above the scale of pay for the persons holding post in Category I Grade T-2 was fixed at Rs. 330-560. The respondent made a representation that as per the rules he ought to have been fitted in the lowest grade of Category II i.e., T-II-3 for which the scale of pay prescribed is Rs. 425-700 and also that a Field/Farm Technician holding either a 3 years diploma or a bachelors degree in the relevant field should be fitted in Category II. As the representation was not fruitful he filed a writ application in the High Court of Orissa which after the establishment of the Central Administrative Tribunal was transferred to Cuttack Bench.In the counter-affidavit filed on behalf of C.R.R.I. it was stated that the respondent was correctly indutced into Category I, Grade T-2 and that as per the provisions of Rule 5.1 the existing permanent and temporary employees will be fitted only in the grades specified in para 3.1 on point to point basis without any further screening irrespective of the qualification. It is, however