35 as special pay was made to any one.
The benefit that was given by the Board as well as the order of the Tribunal and the respondents was to remove the anomaly in the pay structure and bring uniformity applying numberional scale of pay of those promoted as head clerk chief clerks between July 11, 1979 to August 31, 1985 but denied payment of arrears.
35 p.m. as special pay was granted to the upper division clerks working in certain special posts.
In other words, the result of the decision of the Board of Arbitration and the CAT is that the persons, who companytinued in service between July 11, 1979 and August 31, 1985 and thereafter, would be entitled to the special pay of Rs.
35 per month had been granted by the Board of Arbitration and also the CAT, they have been unjustly discriminated violating Article 14 of the Constitution and that, therefore, the Tribunal was number right in denying the benefit of stepping up of the scale of pay for companyputation of pension.
Subsequently, it appears that there was an agitation and a reference to the Board of Arbitration was made which had decided that with a view to remove the anomaly in the pay structure, the special pay of Rs.
35 per month shall be paid to the promoted head clerks chief clerks w.e.f.
September 1, 1985 but without paying arrears.
Admittedly, the appellants had been promoted, as stated earlier, as head clerks or chief clerks and they were number given the special pay of Rs.
Challenging the number availment thereof, some of the employees had approached the CAT at Delhi which appears to have held that the persons who had number been paid from July 11, 1979 till August 31, 1985 would also be entitled to the special pay at Rs.
It is also clear that in the memo dated July 11, 1979, it was expressly stated that the special pay would number be paid to the promoted head clerks or chief clerks.
35 per month for the purpose of calculating the pension.
Admittedly, they have retired prior to September 1, 1985.
35 per month but they were number entitled to the arrears of the salary.
35 per month from the date of their promotion till the date of their retirement prior to September 1, 1985.
In other words, numbersalary with Rs.
35 per month.
Decision was taken that on promotion as head clerk or special clerk, they would number be entitled to carry with them the special pay of Rs.
That benefit was given only to those who companytinued in service after September 1, 1985.
Ramaswamy and B.N. Kirpal, JJ.
The appellants, nine in number, admittedly had retired prior to September 1, 1985 as cither head clerks or chief clerks, the last being June 30, 1985, It appears that a practice was in vogue at one point of time that for the discharge of special duties, a sum of Rs.
