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1998 DIGILAW 1011 (SC)

All India Defence Estate Employees Association v. Union Of India

1998-08-27

G.T.NANAVATI, S.RAJENDRA BABU

body1998
Judgment This appeal against the order of the Central Administrative Tribunal deserves to be dismissed as we are of the opinion that the view taken by the Tribunal is correct. 2. The only question raised before the Tribunal was whether appellant Nos. 2 and 3 were entitled to the benefit of one increment under Fundamental Rule 22-C on their promotion from the post of Technical Assistant to the post of Office Superintendent Grade-II in 1988. The Tribunal held that appellant Nos. 2 and 3 were governed by Rule 7 of the Civilians in Defence Services (Revised Pay) Rules, 1986 and not by the Fundamental Rule 22-C. We are also of the opinion that the appel­lant Nos. 2 and 3 being civilians in defence services the specific rule applied to them and not the general provision contained in FR 22-C. Moreover, the two cadres of Technical Assistant and Office Superin­tendent Grade-II stood merged with effect from 1.1.86 and the two pay-scales attached to their cadres also merged with effect from the same date. Therefore, there could not have been any promotion within the cadre in the year 1988. That being so, the situation of granting benefit under Fundamental Rule 22-C did not arise at all because there were no promotion to a higher post or to a post carrying higher du­ties. As the claim of the appellants was misconceived it was rightly rejected by the Tribunal. We, therefore, dismiss this appeal with no order as to costs. (N.K.R.) Appeal dismissed. ********** Parallel Citations of other Journals : All India Defence Estate Employees Association v. Union of India, 1998(7) Supreme 169 : 1998 SCC (L&S) 1623 : 1998(5) SLR 35 00024