WP/27823/2005 of P. Adinarayana, Vs The General Manager, on 29 December 2005

ORDER:

The petitioners are working as Telecom Mechanics in the B.S.N.L for the lastseveral years. In the matter of extension of benefit of the pay scale of Rs.4000-6000 on par with Group-C employees, O.A.No.1966 of 1999 was filed by thepersons similarly situated as petitioners. The O.A. was allowed on 09.08.2000by the Central Administrative Tribunal, Hyderabad, holding that selectiveextension of benefit of that pay scale is arbitrary and that all the personssimilarly situated must be extended the benefit of the same. The respondents,in turn, filed W.P.No.14744 of 2001 before this Court challenging the order ofthe Tribunal in O.A.No.1966 of 1999. Through the order, dated 16.10.2003, aDivision bench of this Court dismissed the W.P. and upheld the order passedby the Tribunal. The petitioners submit that they are similarly situated as therespondents in W.P.No.14744 of 2001 and seek extension of the benefit of theorder of the Tribunal as upheld by this Court.

Heard the learned counsel for the petitioners and the learned Standing Counselfor the respondents.

It is not in dispute that the petitioners earlier worked in Group- D posts and thatthrough a process of selection, they came to be appointed as TelecomMechanics. The Tribunal held that once they are appointed as TelecomMechanics, they are entitled to be extended the benefit of pay scale ofRs.4000-6000 and the said order became final. Further, in W.P.No.24509 of2005 and batch, a learned Single Judge of this Court allowed the similar claims,as those of the petitioners herein, through order, dated 14.06.2005. Though thenotional benefit was extended from the date of entitlement, the monetary benefitwas granted with effect from 01.01.2005. It is not in dispute that the petitionersstand on the same footing.

In that view of the matter, the writ petition is allowed, directing that thepetitioners shall be extended the notional benefit of the pay scale of Rs.4000-6000 on par with the Group-C employees with effect from the date of theirentitlement, but the monetary benefit shall be extended only with effect from thedate of this order. There shall be no order as to costs.

Jsu

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29.12.2005