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2002 Supreme(Ker) 40

K.S.RADHAKRISHNAN, K.BALAKRISHNAN NAIR
Union Of India – Appellant
Versus
The Central Administrative Tribunal, Ernakulam Bench – Respondent


Judgment :-

K.S. Radhakrishnan, J.

The question that has come up for consideration in these cases whether the decision of the Apex Court in Union of India v. R. Swaminathan (1997) 7 S.C.C. 690 would have the effect of nullifying orders of Tribunal in O.A. 750/98, 762/98, 908/98, 912/98, 922/98 and other connected matters and some of which were confirmed by dismissing the special leave petitions. Respondents herein had approached Central Administrative Tribunal, Ernakulam Bench on earlier occasion and filed O.A. 342/93 and connected matters for stepping up of pay on par with their juniors. Applications such as O.A. 342/93, 337/93, 1134/93 etc. were allowed by the Tribunal against some of those orders the department took up the matter before the Apex Court and Special Leave Petitions were dismissed. Those orders were subsequently given effect to by the department and their pay was stepped up along with juniors and were given the arrears as well. However, finding that the Supreme Court had subsequently in R. Swaminathan's case (supra) held that stepping up of pay was not warranted in cases here juniors were drawing higher pay on account of circumstances like adhoc promotion etc. the de




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