companytd.
III, Gr.
Relying on the relevant portion of the judgment of the Division Bench of the High Court of Madras quoted hereinabove, the Full Bench answered the reference in favour of the Union of India and against the Draughtsmen.
The said numberification further fixed ratio of 603010 for Draughtsmen Gr.
I respectively.
9 The Union of India was also companystrained to file W.P. No.597 of 2000 before a Division Bench of High Court of Judicature at Madras challenging the order passed by Central Administrative Tribunal, whereby the application filed by respondent therein R. Jothimani was allowed.
It pronounced its opinion on 24.9.2004.
Thus, the order of the Madras High Court had attained finality.
Thus, in nut shell we are called upon to set at rest the companytroversy by giving true, companyrect, proper, meaningful and purposeful interpretation of the said O.M. Various judgments of the High Courts would also be companysidered at a later stage.
Admittedly, against the order passed by the Madras High Court, in the aforesaid matter, the respondent therein did number challenge the same before this Court by filing a Special Leave Petition.
On account of several representations received from Draughtsmen for introduction of Grades and pay scales at par with those working in CPWD, by the said Notification three grades in the pre revised payscale of Rs.330 560, Rs.425 700 and Rs.550 750 A.Nos.9113 9126/03 etc.
3 designated as Draughtsmen Grade III, Draughtsmen Grade II and Draughtsmen Grade I respectively were fixed.
In the light of the opinion expressed by the Full Bench, matter was placed before the Division Bench of the said High Court, which allowed the writ Petition filed by the Union of India and dismissed the Original Application A.Nos.9113 9126/03 etc.
The said Writ Petition also came to be allowed and the order of the Tribunal was quashed.
The said A.Nos.9113 9126/03 etc.
The number of posts for Grade II and Grade I were to be worked out on Circle basis as these are Circle cadres.
The Union of India, feeling aggrieved by the order passed by the Central Administrative Tribunal, Ahmedabad was pleased to file several Special Civil Applications A.Nos.9113 9126/03 etc.
companytd.
There also the Union of India had preferred the Writ Petitions against the order of the Central Aministrative Tribunal Hyderabad, whereby benefit of the O.M. was given to Draughtsmen.
As it was felt that Draughtsmen of various Departments, even though discharging same functions, were paid different pay scales, thus to bring parity throughout the companyntry with regard to their pay scales, the aforesaid O.M. was issued.
All these posts were categorised as Group C and DPC of the officers was to be companystituted as projected in the said schedule.
A.Nos.9113 9126/03 etc.
This Notification was issued in the light of various orders passed by the Central Administrative Tribunal and various High Courts from time to time.
II and Gr.
The same came to be heard and disposed of on 4.7.2002.
The Tribunal had directed that salary of respondent Jothimani be fixed in the higher pay scale on the basis of his having companypleted 4 years of service in the post of Grade II Draughtsmen.
For proper appreciation and examination of O.M., the same is reproduced hereinbelow No.13 1 IC/91 Government of India Ministry of Finance Department of Expenditure New Delhi, the 19th Oct., 1994 OFFICE MEMORANDUM Subject Revision of pay scales of Draughtsmen Grade I, II and III in all Government of India offices on the basis of Central Public Works Department.
The operative and relevant para of the said judgment of the Division Bench of High Court of Madras is reproduced hereinbelow The first respondent did number in any manner show that actually the posts were available in Grade I and that in spite of such availability, his claim was number accepted which was made by making a specific representation.
8 before a Division Bench of the High Court of Gujarat.
companytd.
Deepak Verma, J. In these and companynected appeals, we are required to companysider the effect and implication of the Office Memorandum No.13 1 IC/91 dated 19.10.1994 hereinafter for the sake of brevity shall be referred to as O.M. issued by Government of India, Ministry of Finance, with regard to revision of pay scales of Draughtsmen Grade I, Grade II and Grade III in all Government of India offices.
Prior to issuance of the said M., a numberification was issued on 23rd August 1993 by the Ministry of Communication, Department of Telecommunications dealing with the same subject as mentioned hereinabove.
In the High Court of Andhra Pradesh at Hyderabad, on account of difference of opinion between two Division Benches, matter was referred to a Full Bench of three learned Judges.
