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2011 Supreme(SC) 672
2011 (5) Supreme 336
SUPREME COURT OF INDIA
Dr. Mukundakam Sharma and Anil R. Dave, JJ.
Jagdish Parwani — Appellant
versus
Union of India & Ors. — Respondents
Civil Appeal No. 5481 of 2011
[Arising out of SLP (C) No. 8403 of 2009]
with
Civil Appeal No. 5482 of 2011
[Arising out of SLP (C) No. 8404 of 2009]
Decided on : 15-7-2011
Headnote:Service Law-Appointment of appellant to the Post of Assistant Executive Engineer [Buildings and Roads] in Military Engineering Service, Ministry of Defence in the pay scale of Rs. 2200-4000. - Representations made by appellant claiming pay protection on the basis of a notification issued by Ministry of Personnel, Public Grievances and Pensions [Department of Personnel & Training] -In said representations appellant claimed that he was entitled to receive a salary of Rs. 3000/- per month, and not Rs. 2200/-. Order passed by Tribunal directing respondents to fix pay of appellant by giving him pay Protection-Writ petition thereagainst-Allowed by High Court-Review Petition-Dismissed-Appeals- The position with regard to entitlement or otherwise of appellant for getting pay protection was made clear by issuing notification dated 28.02.1992 clearly stipulating therein that an employee of the State Government Undertaking selected for post in Central Government on direct recruitment basis would be entitled to pay protection upon appointment in Central Government only effective from 01.02.1992- The appellant having joined the MES, Ministry of Defence prior to aforesaid date was not entitled to the benefit of aforesaid notification which was issued much after his joining date and, therefore, benefit of said notification was not available to appellant-High Court was justified in setting aside order of Tribunal as Tribunal had misread and misinterpreted the facts as also the legal principles in law-Appeals having no merits dismissed. (Paras 15 to 21)
Facts of the Case :
Appellant herein in the instant case was appointed to the Post of Assistant Executive Engineer [Buildings and Roads] in Military Engineering Service, Ministry of Defence in the pay scale of Rs. 2200-4000. Representations were made by appellant claiming pay protection on the basis of a notification issued by Ministry of Personnel, Public Grievances and Pensions [Department of Personnel & Training] .In said representations appellant claimed that he was entitled to receive a salary of Rs. 3000/- per month, and not Rs. 2200/-
Findings of the Court :
The Court held that position with regard to entitlement or otherwise of appellant for getting pay protection was made clear by issuing notification dated 28.02.1992 clearly stipulating therein that an employee of the State Government Undertaking selected for post in Central Government on direct recruitment basis would be entitled to pay protection upon appointment in Central Government only effective from 01.02.1992. The appellant having joined the MES, Ministry of Defence prior to aforesaid date was not entitled to the benefit of aforesaid notification which was issued much after his joining date and, therefore, benefit of said notification was not available to appellant.High Court was justified in setting aside order of Tribunal as Tribunal had misread and misinterpreted the facts as also the legal principles in law.Appeals having no merits were dismissed.
JUDGMENT
Dr. Mukundakam Sharma, J. —
1. Leave granted.
2. The appeal is directed against the judgment and order dated 11.09.2009 passed by the High Court of Madhya Pradesh Bench at Gwalior in Review Petition No. 185 of 2009. The said review petition was filed by the appellant herein against the order dated 16.04.2009 passed by the High Court of Madhya Pradesh, Gwalior Bench, in Writ Petition (s) No. 882 of 2003. Appellant has also preferred a separate appeal [arising out of SLP(C) No. 8404 of 2009] against the said decision of the High Court of Madhya Pradesh in the Writ Petition No. 882 of 2003. By this order we propose to dispose of both the appeals filed by the appellant.
3. The facts leading to filing of the aforesaid appeals are that the appellant being a graduate engineer appeared for Indian Engineering Services examination which was held pursuant to an advertisement issued by the Union Public Service Commission in the year 1987 for filling up the post of Assistant Executive Engineer [Buildings and Roads] in Military Engineering Service, Ministry of Defence. The appellant was working as an Assistant Engineer in Uttar Pradesh State Electricity Board [for short “UPSEB”], w.e.f., 1st January, 1988. He having qualified in the aforesaid competitive examination, the appellant was offered an appointment as Assistant Executive Engineer [Buildings and Roads] in the Military Engineering Services by an appointment letter issued by the Ministry of Defence dated 06.09.1989. Consequently, he resigned from the UPSEB and as per his last pay certificate from UPSEB, he was drawing a basic pay of Rs. 2750/-. His resignation was accepted and he was released from the service of UPSEB on 19.02.1990.
4. Pursuant to the aforesaid letter of appointment issued by the Ministry of Defence the appellant joined the Military Engineering Service Department on 23.02.1990 in the pay scale of Rs. 2200-4000. In the appointment letter issued on 06.09.1989 the appellant was also informed that his pay would be fixed at the minimum of the pay scale, viz., Rs. 2200. The aforesaid appointment of the appellant was against a temporary post but the same was likely to continue indefinitely. The appellant was also placed on probation for a period of two years from the date of his appointment with a clear stipulation that his appointment could be terminated at any time on one month’s notice given on either side without assigning any reason. The appellant continued to receive the aforesaid pay as fixed by the respondents till the month of September, 1991, i.e., for a period of more than one and a half years and thereafter he submitted three representations on 11.09.1991, 12.02.1992 and 14.12.1992 respectively claiming pay protection on the basis of a notification issued by the Ministry of Personnel, Public Grievances and Pensions [Department of Personnel & Training] dated 07.08.1989. In the said representations the appellant claimed that he was entitled to receive a salary of Rs. 3000/- per month, w.e.f., 23.2.1990 and not Rs. 2200/-.
5. While the aforesaid representations of the appellant were being considered by the respondents, another notification came to be issued on 28.02.1992 by the Department of Personnel & Training extending grant of pay protection to the employees of State Government Undertakings joining service in Central Government on and after 01.02.1990.
6. By a Communication dated 14.02.1995 the appellant was informed by the respondents that he is not entitled to such pay protection as claimed by him in the representations submitted by him.
7. Being aggrieved by the aforesaid communication dated 14.02.1995 communicating the rejection of the representations of the appellant for pay protection, the appellant filed an Original Application before the Central Administrative Tribunal [Jabalpur Bench], Jabalpur [for short “Tribunal”] claiming and seeking an order for giving him the pay protection which was last paid to him by the UPSEB. The Tribunal issued an
