ORDER

1. The only question which falls for consideration in this appeal is about fixation of pay of the respondents in the revised pay scale under the Central Civil Services (Revised Pay) Rules, 1973 (hereinafter referred to as "the Rules").

2. The respondents were appointed as Staff Artistes in Doordarshan Kendra at Calcutta in September/October 1974. At the time of their appointment they were placed in the scale of Rs 500-800. By notification dated 8-3-1977, the revised pay scales under the Rules were made applicable to the Staff Artistes in Doordarshan with effect from 1-1-1973. Under the Rules the scale of Rs 500-800 was revised to Rs 650-1200. At the time of their appointment in 1974 the respondents were being paid Rs 733 per month (basic pay of Rs 500 plus Rs 163 as DAIDP and Rs 70 as interim relief). fee/pay in the revised scale of Rs 650-1200 in 1974 was fixed at Rs 650 and the sum of Rs 83 was treated as personal pay to be adjusted against future increases. The grievance of the respondents is that their basic a pay in 1974 should have been fixed at Rs 775 in accordance with Rule 7 of the Rules. They, therefore, approached the Central Administrative Tribunal, Calcutta Bench (hereinafter referred to as "the Tribunal") by the petition (OA No. 99 of 1987). The said petition has been allowed by the Tribunal by the impugned judgment dated 6-11 - 1987. The Tribunal has directed the appellants to revise and fix the fee/pay scale of the respondents on the analogy of Third Pay Commissions recommendations from their respective date of appointment as per the Rules.

3. Shri K. Lahiri, the learned Senior Counsel appearing for the appellants, has urged that the Tribunal has failed to take note of the notification dated 1-6-1974 issued by the Government of India which was applicable in the present case. The said notification deals with fixation of pay of persons appointed/promoted after 1-1-1973 and it provides as follows :

"The revised scales of pay introduced under the Central Civil Services (Revised Pay) Rules, 1973, take effect from 1st January, 1973. Under the proviso to Rule 5 of these Rules, a government servant has the option to retain the existing scale, i.e., the scale of the post held by him on 1st January, 1973 until the date on which he earns his next or any subsequent increment in that scale, or until he vacates that post, or ceases to draw pay in that scale. This option is not available to persons appointed to a post after 1st January, 1973 whether for the first time in government service, or by transfer or promotion from another post and they are necessarily to be allowed pay in the pre-revised scales. On issue of the notification, however, their pay would be fixed in the revised pay scale of the post with effect from the date of such appointment. In some of these cases the fixation of pay in the revised pay scale of the post with effect from the date of such revised scales may involve drop in emoluments. Drop in emoluments may also occur in the case of some persons who were promoted after 1st January, 1973, but before the date of the issue of the relevant notification revising the scales, to the higher of the two grades which have been merged and a single revised scale prescribed for both. As the revised scales take effect from 1st January, 1973, and the higher grade will have ceased to exist on and from that date, such promotions become non-effective. The question as to the extent of protection that may be allowed in such cases has been examined and it is considered that it is not correct in principle to allow a person any option to retain the pre-revised scale of pay in respect of a post to which he was not actually appointed on or before 1st January, 1973, or which ceased to exist after that date. Accordingly, all persons recruited after 1st January, 1973, or appointed by transfer or promotion to posts after that date, should be allowed pay only in the revised scales as admissible under the Central Civil Services