Research › Browse › Judgment

Supreme Court of India · body

1989 DIGILAW 665 (SC)

Radheshyam Verma v. Union Of India

1989-11-16

K.RAMASWAMY, P.B.SAWANT, RANGANATH MISRA

body1989
( 1 ) APPELLANT while in employment of the Dandakaranya Project of the Union of India as a teacher was promoted as Head Master by an order dated 28/01/1977 with a two year probation. A certificate of satisfactory completion of probation was issued to him which for all purposes must be taken as an order of confirmation. In 1985, appellant was permitted to draw the scale of pay in the post of Head Master which was higher than that for other three posts, which were until then treated to be of the same category. The appellant actually continued to receive the higher scale up to May 1986 when he was transferred on the basis of a set of administrative rules which then came into force. The short question which was in dispute before the Cuttack bench of the central Administrative tribunal on a claim led by the appellant was as to whether he was entitled to the proper fitment of the new pay scale on the basis of the scale admissible to Head Masters under the government Order of 1985 issued pursuant to the Orissa High court directions. The tribunal disposed of the appellants claim along with connected cases and following the decision in Haldar case which has been referred to in its impugned order, it came to negative the claim of the appellant by saying that the appellant was not a Head Master and was not entitled to the corresponding pay scale prescribed for such post. ( 2 ) WE have heard counsel for the parties and we have perused the pleadings, in particular the counter-affidavit filed on behalf of the respondents. We find that the respondents have laboured under a misconception that the appellant had not been a confirmed Head Master. In fact once the appellant was confirmed as Head Master and was given the corresponding pay scale in 1985 he must be taken to have become entitled to the fitment which came with implementation of the Fourth pay Commissions recommendation. We understand that the appellant has gone out of the employment of the Dandakaranya authorities but he would still be entitled to appropriate fitment on the basis that his last pay drawn as Head Master in the scale of Rs. 1640-2900 has to be taken into consideration for fixation of his pay. We understand that the appellant has gone out of the employment of the Dandakaranya authorities but he would still be entitled to appropriate fitment on the basis that his last pay drawn as Head Master in the scale of Rs. 1640-2900 has to be taken into consideration for fixation of his pay. ( 3 ) THE appeal is allowed and the appellant is directed to be treated as Head Master entitled to the pay scale of Rs. 1640-2900 at the time when he went out of the employment under the Dandakaranya authority. If there be any arrears payable to him on the basis of this judgment of ours, the same shall be worked out and paid to him within three months from today. ( 4 ) NO costs.