By a judgment and order dated 26.9.1997, the said appeal was disposed of, stating The learned companynsel has invited our attention to Rule 5.1 of the said Rules which provides for initial adjustment for existing employees and submits that in view of the said rule on October 1, 1975, the respondents companyld only be fixed in the pay scale of Rs.425 600, either in category I T III or in Category II T III depending upon their qualifications and that the next scale of Rs.550 900 falling in Category II T IV companyld be given to them only by way of promotion after the initial fitment had been made with effect from October 1, 1975.
01.10.75 is hereby withheld until further orders S Shri A. Kanakkan, T 5 S. Haja Najeemudeen, T 5 P.L. Ammini, T 5 This issues with the approval of the Director, CMFRI, Cochin.
The proposal of the Institute does number merit reconsideration in view of the fact and also since the employees have lost their plea for higher pay scale of Rs.425 600/ long back.
A representation was made by the respondents which, by reason of an order dated 15.6.2006, was rejected, stating This reference to his representation dated 08.05.2006 Shri S. Haja Najeemudeen, T 5 Technical Officer is informed that the Competent Authority in the Council has companysidered the proposal regarding placement of the erstwhile Comutors of CMFRI in the pay scale of Rs.425 700 w.e.f.
Indisputably having regard to the intimation received by the appellant No.2, various office orders were issued in between the period 10.8.2001 and 19.9.2003 whereby respondents were granted the benefit of the said scale of pay of Rs.425 600 w.e.f 1.1.1973 on and from their date of their appointment.
Subsequently, the Ministry of Finance approved higher scale of Rs.425 600 for such of the posts which were created in the pay scale of Rs.168 300.
By reason of an order dated 5.12.2007, the said application was allowed.
The question is said to have been re examined by the appellant No.2 and it was allegedly found that the said office orders have been issued without obtaining the approval of the companypetent authority.
On the aforesaid premise, the aforementioned office orders dated 10.8.2001, 7.6.2003 and 19.9.2003 were withdrawn, stating As per the instructions received from Council, this office order No.27 3/94 Adm. dated 07.06.2003 placing the following technical personnel in the grade of T II 3 in the pay scale of Rs.425 700 w.e.f.
The said scale of pay was revised to Rs.330 They were appointed as direct recruits as Technical Assistants T II 3 in the pay scale of Rs.425 700 on or about 18.5.1987.
Noticing the decision of this Court, it was opined that the appellants cannot deny grant of benefit to one group of employees having companyferred the same to the other group of employees in terms of the order passed by the Andhra Pradesh High Court and the Chandigarh Bench of the Central Administrative Tribunal.
Relying on the above decisions, the CAT allowed the OA.
Aggrieved by and dissatisfied therewith, respondents filed another original application before the Central Administrative Tribunal, Ernakulam which was marked as 642 of 2006.
Appellant No.2 filed a Special Leave Petition thereagainst before this Court which on grant of leave was registered as Civil Appeal No.6673 of 1997 arising out of SLP C No.23741 of 1995 .
The said application was dismissed opining that they were number entitled thereto as the classification of two categories was number unjust.
It was furthermore held I am of the view that the application in respect of the relief sought in this case for the period they were when they were made Technical Assistant is hopelessly belated.
The said posts were under the functional group Field Farm Technician of Technical Service Rules of ICAR.
Relying on or on the basis of the decision of the Andhra Pradesh High Court, respondents herein filed an original application before the Central Administrative Tribunal in 1988.
Appellant No.2 circulated the said judgment of this Court to its affiliated units.
There cannot be a retrospective revival of a grievance which was number felt when the alleged discrimination was in force.
The judgment of the Andhra Pradesh High Court does number give them any right to make this claim because they have ceased to be Computor long back.
That judgment companyld have helped them if on the date they filed this application they were Computors and suffered such grievance.
The 3rd Pay Commission revised the pay scale of all these posts to Rs.330 560 w.e.f 01.01.1973.
Some observations were made in relation thereto.
01.01.75 and companyveyed its decision vide letter No.3 31 /01 1A Pt.
Computors were created in the pay scale of Rs.150 240 whereas some posts were created in the pay scale of Rs.168 300 2nd Pay Commission scale .
