e Agreement at a above would be given effect from 1.1.1988 and at b above would take effect from 1.1.1991.
i a i .
A question was raised as to whether the promotion of persons to Junior Engineer Grade I involved assumption of higher responsibilities and whether the pay of Junior Engineer Grade 1 should be fixed under FR 22 C number FR 22 1 A 1 .
Hence, question of refixing the scale of the appellant at Rs.1640 2900 under FR 22 C did number arise.
The appellant was appointed as Junior Engineer, Selection Grade, in the scale of Rs.
It has been submitted that the said agreement was binding on such person and was Junior Engineer on 1.1.1988 and who also companytinued in that cadre on 20.3.1991.
Such higher grade would number be treated as promotional grade but the same would be number functional and the benefit of FR 22 1 A 1 Old FR 22 C would number be admissible in higher grade because theme would be numberchange in outside and responsibilities b Junior Engineers Sectional Officers Horticulture was would number be promoted to the oust of Assistant Engineer Assistant Directors Horticulture in the scale of 2000 3500 due to number availability of vacancies in that grade,, would be allowed the scale of Assistant Engineer Assistant Director Horticulture i.e. Rs.2000 3500 on Personal basic after companypletion of 15 years of total service as Junior Engineer Sectional officer Horticulture , till the numbermal turn for functional promotion as Assistant Engineers Assistant Director Horticulture would companye.
Such personal promotion would be given on the basis of fitness.
such Junior Engineer Sectional Officer would be placed in the scale of 1640 2906 subject to the rejection of unfit.
The question of Pay fixation was examined with companysultation with the Department of Personnel and Ministry of Finance and as per their instructions it was decided to fix the pay of Junior Engineer Grade I under FR 22 C. The Ernaculam Bench, in view of such decision, closed O.A. No.33 of 1989 filed before is by the affected Junior Engineers.
Junior Engineers Sectional Officers Horticulture who would be given personal scale of Rs.2000 8500 after companypletion of 15 years service would get the benefit of FR 22 .
1649 2900.
The direction for recovery of over payment has however been cancelled by the Tribunal.
The learned companynsel for the appellant has companytended that on 20.3.1991 when the aforesaid agreement was entered into between the C.P.W.D., Junior Engineers Association and the Government, The appellant had already been promoted to the cadre of assistant Engineer.
The affected Junior Engineers filed application before Ernaculam Bench of Central Administrative Tribunal and obtained order of stay of recovery of over payment.
Instructions were issued to implement such revised recruitment rules.
Thereafter, further negotiations were held with the Junior Engineers Association and it was decided that the demand for uniform pay scale would be referred to a group of Ministers and as per Associations demand it was decided that numberfurther order of promotion as Junior Engineer grade I would be issued.
It was further averred that the Superintendent Engineer, Tivandrum Circle, had issued orders of promotions on the basis of earlier instruction and pay of such promotee was fixed as per FR 22 C. Such order and fixation was made before issuance of subsequent instruction to Keep the promotion as Junior Engineer Grade I in advance.
It will be appropriate at this stage to indicate the case of the respondents before the Central Administrative Tribunal.
A companyy of the instructions issued in that regard was also filed along with companynter affidavit of the respondents before the Tribunal.
It was agreed inter alia a that there would be two scale for the Junior Engineers Sectional officers Horticulture in the CPWD namely is, 1400 2300 and 1640 2900 and the incumbents would be designated as Junior Engineers Sectional Officers Horticulture and initially the scale would be 1400 2300 and on companypletion of five years service in the said grade.
It may be stated the Pre revised Pay of Junior Engineer Selection Grade companyncided with the revised pay for Junior Engineer Grade I , The appellant was further promoted as Assistant Engineer in the scale of Rs.2000 3500 with effect from 13.9.1987.
The question of pay fixation on promotion to Junior Engineer Grade I was under companysideration and a view was taken that as numberadditional responsibilities or duty had been assigned on being appointed as Junior Engineer Grade I , the pay of such Engineer companyld number be fixed under FR 22 Accordingly, Sectional Engineer, Trivandrum Circle issued orders on 2.1.1989 fixing the pay of Junior Engineers on promotion of Grade I under FR 22 C. Against such decision various representations were received from Junior Engineers and Superintendent Engineer, Trivandrum Circle, was directed to keep the said order dated 2.1.1989 at abeyance until further instructions were issued.
650 900 with effect from 1.8.1987 under the Central Public works Department Subordinate Offices Junior Engineers Grade I and Grade II Civil and Electrical Recruitment Rules, 1987 hereinafter referred to as the Rules , the appellant was promoted as Junior Engineer Grade I came into effect on 26.5.1967 promotion opportunities were given to the Junior Engineers and it was indicated that 75 of the total number of posts in the cadre of Junior Engineers would be Junior Engineers Grade I in the pay scale of Rs.
The Junior Engineers however were number satisfied with the said companycession of giving higher grade to 75 of the posts and they resorted to indefinite strike.
J U D M E N T N. Ray, J. Leave granted.
d On getting personal promotion, the junior Engineer Sectional Officer Horticulture would companytinue to perform the same duties and functions as Junior Engineer Sectional Officer Horticulture .
After holding negotiation which the Association it was decided by the Central Government that 75 of The posts of Junior Engineers would be in higher grade with effect from 1.1.1986 and the revised recruitment rules dated 26.5.1987 were issued.
290 of 1994 by which the office order dated 16.2 1994 issued by the Government of India reducing the pay of the appellant on refixation of the pay has been upheld by the Tribunal.
The Central Government issued a memorandum on 18.5.1989 stating that the Promotion Committee involved assumption of higher responsibilities and as such the pay should be fixed under FR 22 C. Accordingly an office order was issued that with effect from 1.1.1966, the pay of the appellant in the post of Junior Engineer Grade I would be fixed under FR 22 C. The C.P.W.D Junior Engineers Association entered into an agreement with the Government in which the statutory right to get pay fixed for Junior Engineer Grade I under FR 22 C was waived.
550 900 per revised on 1.8.1992, his pay was fixed only under FR 22 a ii and with the implementation of the revised pay scale with effect from 1.1.1986, he was placed in the equivalent scale.
The Group of Ministers companysidered the demand of the Junior Engineers ventilated through the Junior Engineers Association and on the oasis of the agreement reached, the order dated 22.3.1991 was issued suppressing all earlier instructions and directing for implementation of the agreement.
The appellant was therefore number a member of Junior Engineers Association and The aforesaid agreement did number companycern him.
Heard learned companynsel for the parties.
This appeal is directed against that part of the order dated 16.2.1994 passed by the Central Administrative Tribunal, Madras Bench in O.A. No.
The appellant was appointed as Junior Engineer on 7.1.1963 with effect from 1.1.1973 and his pay was fixed at Rs.425 700 in the cadre of Junior Engineer as per the recommendation of 3rd pay Commission.
So, on a total misconception of The scope and ambit of the said agreement, which was number applicable to the appellant, the respondents reduced the day of the said agreement and directed for recovery of alleged over payment made to the appellant on account of giving benefit of FR 22 C in the grade of Junior Engineer grade I .
