Centrna istrat Central Administrative Tribunal Principal Bench New Delhi OA No.2518/2023 Order reserved on 23.07.2024 Order pronounced on 05.08.2024 Hon'ble Mr. Manish Garg, Member (J)

D. Brahma Reddy, S/o D. Siva Reddy Aged about 45 years R/o Flat No.04, Block-01 SV College, Benito Juarez Marg New Delhi-110011.

...Applicant (By Adocate: Mr. Ravindra Kumar)

Vs

1. Through Director, ISTM, Old JNU Campus New Mehrauli Road, New Delhi-110067.

2. Secretary, Department of Personnel and Training North Block, New Delhi-110001.

..Respondents (By Advocate: Mr. Hanu Bhaskar)

ORDER (Oral)

In the instant OA the applicant seeks the following relief:

"() To quash the order dated 8.5.2023 of Respondent No.1.

(ii) Direct the Respondent No. 1 to grant the Applicant a token interest at the 6% per annum on the amount of arrears from 1.4.2022 to the date on which the said arrears are paid to the Applicant by the Respondent No. 1.

(iii) Pass any ^{other order/relief/direction(s) as} Asdin istra this Hon'ble ^{Tribunal may} deem fit ^and proper in ^the interest of ^justice in favour ^{of the applicant"}

2. Learned counsel for the ^{applicant draws attention} to the ^following Office Order ^{dated 14.06.2017} whereby the applicant was appointed on deputation basis as Deputy Director(Economics & Planning) with the respondents:

"2. Shri Brahmareddy Desireddy, Deputy Director(Economics & Planning) is entitled to draw pay in the pay level 11 of the pay matrix (pre-revised pay scale PB-3, Rs-15,600-39, 10 0/- plus Grade pay of Rs. -6,600/-). At ^{present the} Officer will be entitled ^to his basic pay drawn in his parent Department/Cadre plus training allowances at such rate on the basic pay as determined by Government of India from time to time (at present training allowance is 15% on basis pay). "

2.1 It is the case of the applicant that pursuant to his repatriation to the parent organisation, an office order dated 22.12.2021 was passed by the Delhi University towards fixation of the pay with retrospective effect which reads as under:

"The UDSC vide letter no. CS-SDC/111/CAS

2010/2018/SVC/2021/3 18, dated 01.12.2021, conveyed the approval of University towards fixation of pay of Mr. D. Brahma Reddy, Associate Professor, ()a t Rs. 17950/- with 7000/- AGP as on 16.11.2008 with date of next increment as on 01.07.2009, (refixation) (ii) at Rs. 21950/- with 8000/- AGP as on 16.11.2013 in Pay Band of Rs. 15600-391 00/- with date of next increment as on 01.07.2014, on his promotion from Stage II to Stage III i.e. Level 11 to 12, (ii) at Rs. 82,200/- in Acadenmic Pay Level 12 as

on 01.01.2016 with date of next increment as on

GentAra minlsra tive

01.07.2016, as per 7th CPC and (iv) at Rs, 1,31,400/- in Academic Pay Level 13 A, as

16.11.2016, with date of next increment as on 01.07.201 7, on his promotion from Stage III to Stage IV i.e. Level 12 to 13A."

2.2 Now, what the applicant seeks is that in terms of the aforesaid Office Order, he is entitled to the arrears in respect of the enhanced amount for the period of deputation. In support of his claim, he relies upon DOP&T OM dated 17.06.2010, relevant portion of which reads as under:

"8.6 If during the period of deputation/foreign service, on account of proforma promotion in the parent cadre the official concerned becomes entitled to a higher Pay Scale/Pay Band & Grade Pay in the parent cadre vis-a-vis that of the ex-cadre post, the official shall complete his/her normal/extended tenure of deputation already sanctioned with the approval of the competent authority. The pay shall be regulated as under:

(a) If the Grade pay of the officer in the parent cadre becomes higher than that of the deputation post after getting proforma promotion, he may be allowed the pay in the pay band + Grade pay of the post to which he is promoted till the time he completes the normal/extended period of deputation (if he gets proforma promotion in the extended period) already sanctioned, if he so opts. No extension in the period of deputation shall be allowed to him after completin

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