SUPERINTENDING ENGINEER AND ORS. versus A. SANKARAIAH

SUPERINTENDING ENGINEER AND ORS. versus A. SANKARAIAH

The respondent, redeployed as a Junior Engineer in CPWD as a fresh entrant, is not entitled to count past service for the purpose of higher pay scale. Only service rendered in CPWD from the date of joining counts towards entitlement for the higher grade pay scale as per Office Memorandum dated 27.3.1991.

Parties
Appellant: Superintending Engineer and Ors.; Respondent: A. Sankaraiah
Jurisdiction
India
Judgment Date
17 October 2003
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Order
Outcome
appeal allowed
Legal Topics
Retrenchment, Redeployment of Surplus Staff, Seniority, Entitlement to Higher Pay Scale
Service Law Retrenchment Redeployment of Surplus Staff Seniority Entitlement to Higher Pay Scale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Superintending Engineer and Ors.

Appellant

A. Sankaraiah

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether past service prior to redeployment can be counted for entitlement to higher pay scale on completion of 5 years in the present department.
  2. 2 Interpretation of Central Government Office Memorandums regarding service benefits upon redeployment.

Ratio Decidendi

The respondent, redeployed as a Junior Engineer in CPWD as a fresh entrant, is not entitled to count past service for the purpose of higher pay scale. Only service rendered in CPWD from the date of joining counts towards entitlement for the higher grade pay scale as per Office Memorandum dated 27.3.1991.

Court Disposition

appeal allowed

Orders

  • Order of the Tribunal set aside.
  • Respondent entitled to benefit of Office Memorandum dated 27.3.1991 only after completion of 5 years of service as Junior Engineer in CPWD.