In pursuance of the advice tendered, the respondent applied for unilateral transfer in the cadre of Accountant foregoing the status of a Senior Accountant, in the Office of the Senior Deputy Accountant General A E , Sikkim in July, 1992 and he was permitted to take such transfer on certain terms and companyditions.
It is at this stage the respondent filed Original Application before tlie Central Administrative Triblinal, Calcutta, challenging the Memorandum dated 8.11.1994 companytending that the pay which he was drawing as Senior Accountant viz Rs.
In view of the provisions of above Rules, tile tribunal quashed the impugned order and allowed the application of the respondent.
As mutual transfer was number permissible in the cadre of Senior Accountant, the respondent was advised to apply for unilateral transfer after seeking reversion to the lower post of Accountant as a direct recruit.
However, his pay was erroneously fixed at Rs.
The respondent having accepted the terms and companyditions of unilateral transfer was posted as an Accountant in the pay scale of Rs.
Farid Sattar, respondent herein, joined as an Auditor in the Office of the Accountant General A E , West Bengal on 16.2.1982.
In December, 1990 the respondent while officiating on the post of Senior Accountant applied for mutual transfer with one Shri Paresh Ghosh, Senior Accountmit, working in the Office of the Senior Deputy Accountant General A E .
Consequent on the bifurcation of Audit and Accounts, the respondent was transferred to the Office of the Accountant General A E , West Bengal on 1.11.1985.
The respondent opted for the accounts wing and as such he was retained there and subsequently promoted to the post of Senior Accountant on 4.12.1987.
whereas, the pay scale of Accountant was Rs.
1400 2600 prior to his reversion to the lower post.
The pay scale of Senior Accountant at the relevant time was Rs.
It is against the said judgment and order of the tribunal the appellants are in appeal before us.
1200 2040.
1200 2040.
1400 2600.
LITTTTTTJ JUDGMENT N.KHAREJ.
therefore, his case was to be governed by F.R.22 1 a 3 .
Sikkim.
