JUDGMENT
1. Delay condoned. Special leave granted.
2. The appellant was working as Erector in the service of Central Electricity Authority, New Delhi (CEA) and while he was thus posted at Badarpur Thermal Power Station, New Delhi (Power Station) in 1974, he was appointed as Foreman Grade II of the Power Station. He was appointed as Foreman Grade I at the Power Station by the order dated January 24,1977. The Power Station in the year 1977 was under the administrative control of the CEA. Mr. N.N. Goswamy, learned Senior Advocate appearing for the CEA has informed us that the administrative control of the Power Station was taken over by the National Thermal Power Corporation (Corporation) from the CEA in the year 1978.
3. The appellant continued to work with the Power Station till 1980 when he was selected and appointed as Maintenance Instructor with the Directorate of Power Engineers Training Society, New Delhi (Society). When he joined the Society, his basic pay was fixed at Rs. 900/- on the basis of the basic pay of Rs. 830/- which he was drawing while posted at the Power Station. It is not disputed that in the service with Society the appellant has been drawing his salary which was fixed keeping in view his basic pay at Rs. 830/- in the Power Station.
4. By the order dated November 6, 1990 CEA has fixed the basic pay of the appellant on the post of Senior Erector at Rs. 750/- on February 1,1980. This statement is obviously incorrect. On February 1, 1980 the appellant was working with the Power Station and was drawing the basic salary of Rs, 830/-. Since on February 1, 1980 the Power Station was not under the administrative control of CEA, it had no authority to issue the order dated November 6, 1990 indicating the appellant’s basic pay on February 1, 1980. The last pay certificate could have only been given by the Corporation which was having the administrative control of the Power Station. We are, ‘ therefore, of the view that the order dated November 6,1990 wherein the CEA has fixed the basic pay of the appellant on February 1, 1980 as Rs. 750/- is wholly illegal and cannot be sustained. We set aside the said order.
5. We further hold that when the appellant left his earlier employer (the Corporation) he was drawing Rs. 830/ -as his basic pay and as such his basic pay was rightly fixed at Rs. 900/- by the Society. Any reduction of the appellant’s basic pay on the basis of the order dated November 6, 1990 issued by CEA is wholly illegal and cannot be sustained.
6. We allow the appeal, set aside the order dated November 6,1990 of CEA, the order of the Central Administrative Tribunal dated November 6, 1990 and declare that when the appellant joined the Society in the year 1980 he was entitled to the fixation of his basic pay at Rs. 900/ – per month. The appellant shall be entitled to his costs which we quantify at Rs.5000/-.