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Rajender Singh and ors. Vs. Union of India (Uoi) and ors.

Rajender Singh and ors. vs Union of India (Uoi) and ors.

Type Court Judgment Court Supreme Court of India Decided Oct 29, 1996
~2 min read
https://sooperkanoon.com/case/674239

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Civil Appeal No. 908 of 1993
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- [Kuldip Singh and; S. Saghir Ahmad, JJ.] - Service Law — Seniority — Determination of seniority — Redesignation date — Whether effective from the date of revision of pay scale or date of redesignation -- The pay scales were revised with effect from 4-6-1982 and the appellant was placed in ...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Rajender Singh and ors.

Respondent

Union of India (Uoi) and ors.

Legal References

Reported In
(2001)10SCC400

Excerpt

- [kuldip singh and; s. saghir ahmad, jj.] - service law - seniority - determination of seniority - redesignation date - whether effective from the date of revision of pay scale or date of redesignation -- the pay scales were revised with effect from 4-6-1982 and the appellant was placed in the pay scale of rs 210-290. the appellant passed the trade test on 8-4-1985 and as such, his designation was changed from fettler to examiner. the question before the central administrative tribunal was whether the appellant was entitled to seniority from 1981 or from 1986.kuldip singh and; s. saghir ahmad, jj.1. the appellant was working as a fettler in the service of ordnance factory, murad nagar. he was in the pay scale of rs 196-232 plus rs 10 as special pay. the pay scales were revised with effect from 4-6-1982 and the appellant was placed in the pay scale of rs 210-290. the appellant passed the trade test on 8-4-1985 and as such, his designation was changed from fettler to examiner. the question before the central administrative tribunal was whether the appellant was entitled to seniority from 1981 or from 1986. the tribunal came to the conclusion that the appellant was entitled to seniority with effect from 10-10-1986 when he was redesignated as examiner after passing the trade test.2. we have heard learned counsel for the appellants. we are of the view that the tribunal was justified in reaching the conclusion that the appellant was entitled to seniority with effect from 10-10-1985* . it is no doubt correct that the appellant was given the pay scale of rs 210-290 from an earlier date, but the fact remains that his designation was only changed from fettler to that of examiner after he passed the trade test and only thereafter he was categorised as semi-skilled. we see no ground to interfere with the impugned order of the tribunal.3. the appeal is dismissed. no costs.

Full Judgment

Kuldip Singh and; S. Saghir Ahmad, JJ.

1. The appellant was working as a Fettler in the service of Ordnance Factory, Murad Nagar. He was in the pay scale of Rs 196-232 plus Rs 10 as special pay. The pay scales were revised with effect from 4-6-1982 and the appellant was placed in the pay scale of Rs 210-290. The appellant passed the trade test on 8-4-1985 and as such, his designation was changed from Fettler to Examiner. The question before the Central Administrative Tribunal was whether the appellant was entitled to seniority from 1981 or from 1986. The Tribunal came to the conclusion that the appellant was entitled to seniority with effect from 10-10-1986 when he was redesignated as Examiner after passing the trade test.

2. We have heard learned counsel for the appellants. We are of the view that the Tribunal was justified in reaching the conclusion that the appellant was entitled to seniority with effect from 10-10-1985* . It is no doubt correct that the appellant was given the pay scale of Rs 210-290 from an earlier date, but the fact remains that his designation was only changed from Fettler to that of Examiner after he passed the trade test and only thereafter he was categorised as semi-skilled. We see no ground to interfere with the impugned order of the Tribunal.

3. The appeal is dismissed. No costs.

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