Union of India (UOI) and Others vs Shri J.C. Gonsalvez

Anil Kumar, J.—The Petitioner Union of India through the Secretary, Ministry of Consumer Affairs has challenged the order dated 17.11.2004 passed by Central Administrative Tribunal, Principal Bench in O.A. No. 536/2004 titled Sh. J.C. Gonsalvez and Ors. v. Union of India and Ors. allowing the application of the Respondents and quashing the order dated 07.01.2004 whereby higher replacement scales were declined to the Respondents, was set aside and Petitioners were directed to re-consider the case of the Respondents for grant of higher pay scales of Rs. 5000-8000 and Rs. 6500-10500 for the post of Assistant Chemist in accordance with the recommendations of the 5th Central Pay Commission.

The plea of the Petitioner before the Tribunal was that though the Respondents fulfilled the qualification required for grant of pay scale as per the recommendations of the 5th Central Pay Commission which was also accepted by the Petitioners, however, proposal had not been agreed to by the Implementation Cell of the Department of Expenditure, Ministry of Finance.

The Tribunal had also held that the Respondents were similarly placed as Junior Technical Assistants and Technical Assistants who had been granted higher replacement scale by the Department of Biotechnology by order dated 09.02.2001.

During the pendency of the writ petition, the order of the Tribunal dated 17.11.2004 which is impugned in the present petition had been implemented provisionally, subject to outcome of the writ petition w.e.f. 01.01.1996.

No one is present on behalf of the Petitioner.

The writ petition is, therefore, dismissed in default.