V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
B. P. Gautam – Respondent
JUDGMENT
V. Kameswar Rao, J.
1. This petition has been filed by the Union of India and its functionary challenging the order dated January 5, 2017, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in Original Application No.3799/2012 (`OA', for short) whereby the Tribunal has allowed the OA filed by the respondents herein.
2. The facts as noted from the record are that between the years 1986-92, the respondents joined the DGAQA (petitioner No.1) as Senior Scientific Assistant (SSA). As per then Recruitment Rules (RRs) Junior Scientific Officer (JSO) is the promotional post for SSA, Foreman and Chief Draughtsman. The post of Foreman had two grades hierarchy (Foreman and Assistant Foreman) but the SSA did not had two grades hierarchy. An Office Memorandum dated November 11, 1988 was issued by Ministry of Defence for DRDO and DGI (now DGQA), the relevant extract whereof, reads as under:
"The undersigned is directed to say that with reference to CA No.9 & 10 0/1983, the Board of Arbitration award recommended that Senior Scientific Assistant (SSAs) may be given the Third Pay Commission's Scale of Rs. 840-1040 in the same proportion as that o
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