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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
Anjana Dutta – Respondent
JUDGMENT
V. Kameswar Rao, J.
1. This writ petition has been filed by the Union of India and its functionaries challenging the order dated April 5, 2017, passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', for short) in Original Application No.3379/2012 (`OA', for short) whereby the Tribunal has allowed the OA filed by the respondent herein by stating as under:
"11. In our view, the respondents made a mistake while granting her the scale of Rs.2375-3500 instead of Rs.2375- 3750, which was applicable to all Programmers. This was the first mistake. Based on this, again they placed the applicant in the replacement scale of Rs.7450-11500 after the V CPC whereas the Programmers in the EDP cadre were all granted Rs.7500-12000. The error was, therefore, compounded.
There is no ground for denying the applicant the scale of Rs.2375-3750 w.e.f. 01.01.1986 and Rs.7500-12000 w.e.f. 01.01.1996. It is clear that all the IV CPC recommendations were implemented w.e.f. 01.01.1986 and, therefore, the grant of revised pay scale to the applicant from 11.09.1989 is also clearly incorrect.
12. In the above background, we allow the OA and quash and set aside order dated 19.
The central legal point established in the judgment is the correct interpretation of the designation and pay scale of the respondent in the context of the restructuring of the EDP cadre.
The tribunal found that the applicants failed to establish merit for extending previous grade pay benefits due to subsequent amendments in recruitment rules and previous judgments not applied in thei....
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
The Court reinforced that employees of autonomous bodies are entitled to pay scales similar to government employees when equitable principles and directives by law are applicable.
Regularization entitles project employee to pay scale equivalence as per prior fixation, quashing unauthorized downward revision.
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