K.RAMASWAMY, B.N.KIRPAL
E. Gopalakrishnan – Appellant
Versus
Union Of India – Respondent
( 1 ) THE appellants, nine in number, admittedly had retired prior to 1/09/1985 as either head clerks or chief clerks, the last being 30/06/1985. It appears that a practice was vogue at one point of time that for the discharge of special duties, a sum of Rs. 35. 00 p. m. as special pay was granted to the upper division clerks working in certain special posts. Decision was taken that on promotion as head clerk or special clerk, they would not be entitled to carry with them the special pay of Rs. 35. 00 per month. Admittedly, the appellants had been promoted, as stated earlier, as head clerks or chief clerks and they were not given the special pay of Rs. 35. 00 per month from the date of their promotion as head clerk or special clerk, they would not be entitled to carry with them the special pay of Rs. 35. 00 per month from the date of their promotion till the date of their retirement prior to 1/09/1985. It is also clear that in the memo dated 11/07/1979, it was expressly stated that the special pay would not be paid to the promoted head clerks or chief clerks. subsequently, it appears that there was an agitation and a reference to the Board of Arbitration was made which had decided
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