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1995 Supreme(SC) 845

J.S.VERMA, K.VENKATASWAMI
M. R. Gupta – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SHARMA, A.K.SIKRI, K.LEHRI, MADHU SIKRI, P.Narasimhan

Judgment

J.S.VERMA, J.

(1) LEAVE granted.

(2) THE only question for decision is: Whether the impugned judgment of the tribunal dismissing as time barred the application made by the appellant for proper fixation of his pay is contrary to law? Only a few facts are material for deciding this point.

(3) THE appellant joined the service of the State of Punjab as Demonstrator in the government Polytechnic in 1967. Thereafter, he joined service in the Railways in 1978. The appellant claimed that the fixation of his pay on his joining service in the Railways was incorrect and that he was entitled to fixation of his pay after adding one increment to the pay which he would have drawn on 1/8/1978 in accordance with Rule No. 2018 (N.R.S.N. 6447 equivalent to Fundamental Rule 22-C. The representation of the appellant to this effect was rejected before coming into force of the Administrative tribunals Act, 1985. The appellant then filed an application on 4/9/1989 before the tribunal praying inter alia for proper fixation of his initial pay with effect from 1/8/1978 and certain consequential benefits. The application was contested by the respondents on the groun





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