ORDER
M. Ramachandran, Vice Chairman (J)
1. This is a petition alleging that the respondents are guilty of violation of orders of the Tribunal by showing disobedience and, therefore, contempt proceedings are required to be initiated.
2. Learned Counsel for the petitioner referred to the order passed in OA No. 1377/2005 dated 09.06.2006 and submits that the operative portion of the order was clear that the respondents are to refix the pay of the applicant protecting the pay which he was drawing before medical decategorisation and treating the amount in excess of the maximum of the grade in the lower pay scale of the alternative post as personal pay. The allegation is that the proceedings issued on 8.1.2007 consequent to the order, a copy of which is annexed as Annexure CR-2, clearly overlooked the directions. It has been indicated in the above notice that the pay to be refixed was Rs. 270/- plus Rs. 8/- as personal pay on 23.11.1984. It has also been indicated that the pay after 1.1.1986 will be issued as a matter of course.
3. According to the counsel for the petitioner, this is not a proper compliance, as the pay to which the applicant normally would have been entitled to was not Rs. 278/- but Rs. 360/-. In the affidavit, full details in respect of such claim had not been given, and he submits that there was refusal to pay the arrears in spite of the clear cut directions from this Tribunal.
4. Respondents have filed the reply affidavit, which indicates that on the basis of the directions issued, refixation had been carried out and the amount due was Rs. 7696/-, which was being disbursed, and in addition Rs. 11270/-, would be disbursed in cash. It is submitted that the calculation as above had been done, duly taking notice of the entries in the service book of the employee. The counsel had handed over to us the service book of the employee. It is seen that the entries are regularly made. The applicant had been engaged for the first time on 25.07.1968. During September, 1979, he was getting Rs. 260/- in the pay scale of Rs. 260-400 and this had been increased to Rs. 266/- in September, 1980. In September, 1981, it rose to Rs. 272/- and the last pay drawn in the pay scale was Rs. 278/-, increment having been sanctioned on 01.10.1982. It appears that he had not received any increment thereafter and, therefore, it may be true that on the date of decategorisation, his pay had reached a stage of Rs. 278/-. If that be so, personal pay of Rs. 8/- as sanctioned cannot be found fault with as the maximum pay in the decategorised post of Record Lifter was Rs. 270/-. In the circumstances, we do not think there is substance in the allegation that the applicant has been subjected to any arbitrariness, and there is discourtesy shown to the orders of the Tribunal.
5. Leaned counsel for the petitioner submits that further rights may be reserved in favour of the petitioner to agitate the issue as may be expedient but we do not think any such reservation is to be made as the claim related to a period 25 years back, and we do not think there has been any irregularity while dealing with the case of the applicant, especially after the O.A. had been disposed of. Accordingly, CP is closed. Notice is discharged.