IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P. NO.24675 of 2000 Between: C.Y.Narayana, S/o late C.Y.Subbaiah, aged 55 years, R/o H.No.19-165/3, West Venkatapuram, Secunderabad-15. ..... PETITIONER AND 1. The Union of India, represented by its Secretary, Ministry of Defence, Government of India, New Delhi and 3 others. .....RESPONDENTS THE HON'BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P. NO.24675 of 2000 ORDER: (Per. Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to quash the order dated 7.4.2000 of the Central Administrative Tribunal, Hyderabad Bench passed in O.A. No.1278 of 1999 and consequently sought for a direction to the respondents to fix the pay of the petitioner as per FR (1) (a) (i) with all consequential benefits including the arrears. The facts in brief are that while the petitioner was working as Barrack Stores Officer Grade-I, he was posted as Senior Barrack Stores Officer Grade-I with effect from 19.11.1994. According to the petitioner, his pay was not fixed under F.R.22 (c)/FR 22 (I) (a) (1) at that time. Subsequently, he was promoted as Barrack Stores Officer with effect from 12.1.1998 and that the V Central Pay commission also came into force at that time and the scales of pay of B.S. Grade –I and BSO were merged. Petitioner states that even though he is promoted as B.S.O., the respondents refused to fix his pay under FR 22(c)/FR 22(I) (a) (1). Hence, he filed the aforementioned O.A. before the Tribunal seeking to fix his pay in the identical scale of Rs. 6500-10500 with effect from 01.02.1998, as he has opted for a new pay after accrual of increment, thus the basic pay as on 1.2.1998 should be Rs.7900/- and increased to Rs.8100/- by adding an increment. However, his pay had to be fixed in the next higher stage of Rs.8300/- as on 1.2.1998 with the date of increment 1.2.1999. On a consideration of the entire material available on record, the Central Administrative Tribunal, by the order impugned in this writ petition, dismissed the said O.A. Hence, the present writ petition. Learned Counsel for the petitioner reiterated the very same contentions which were urged before the Tribunal. A Counter-affidavit has been filed by the respondents stating that the petitioner was working as Supervisor Barrack Store, Grade – I in the pay scale of Rs. 1400-40- 1600-50-2300-60-2600 up to 18.11.1994 in MES. However, respondent No. 2 vide his letter dated 7.2.1996 placed the petitioner as Supervisor B/S. Grade – I SG (Non functional selection grade) in the pay scale of Rs.2000-60-2300-EB- 75-3200 with effect from 19.11.1994. Consequent on his promotion, the petitioner was not given any rise in the pay. However, the pay of the petitioner was fixed at Rs.2300/- by C.D.A. vide letter No. Pay/Tech/PF/MES/111, dated 1.7.1997 which was the same stage he was drawing as Supervisor B/S Grade-I. Thus on his placement in the non- functional scale of Supervisor B/S Grade-I, (SG) the petitioner was not given the benefit of pay fixation vide F.R. 22(c). The pay fixation was in order, as placing the petitioner in higher scale was not involving any higher responsibility. It is stated that in MES, the Supervisor B/S Grade-I in the pay scale of Rs.1400-2600 and Supervisor B/S Grade-I SGNF in the pay scale of Rs.2000-3200 discharge the same duties. However, placing the petitioner in higher scale does not involve discharging of higher responsibilities. It is also stated that Barrack Store Officer is the next higher post in MES and the pay scale for the said post was Rs.2000-60-2300-EB-75-3200-100-3500 and it belongs to Group ‘B’ category and is a functional post with higher duties and responsibilities than Supervisor B/S Grade-I, (SG) NF. However, in the V pay Commission, the post of Supervisor B/S Grade-I NFSG and BSO have been merged into one single scale of Rs.6500-200-10500. Since the petitioner was already in the pay scale of Rs.6500-200- 10500 no further pay fixation is admissible on promotion within identical scales. Admittedly, the posts of B.S. Grade-I and BSO were merged in the V Central Pay Commission and both the posts have been given the same scales of pay. Since there is no material on record to show that the petitioner was discharging higher responsibilities, the petitioner is not entitled to seek for fixation of his pay in the next higher stage. The Tribunal while taking the aforesaid fact situation into consideration rightly dismissed the O.A. In the circumstances, we do not find any irregularity or illegality in the impugned order and the same is accordingly dismissed. No order as to costs. __________________________ Justice T. Meena Kumari _________________________________ Justice Gopala Krishna Tamada 26.07.2010 Gsn / Kvsn