Judgment:
Hon'ble Shri.B.Venkateswara Rao, Member(J)
This application has been filed under section 19 of the Administrative Tribunal's Act, 1985.
2. The applicant was initially appointed as Lift Operator (ordinary grade) in the pay scale of Rs.800-15-1010-EB-20-1150, in Madras Telephones (erstwhile name of the respondent) on 17.10.1970 and he belongs to ST Community. By a letter No.AST/SG.LFM.4/I/15 dated 03.07.1991, the 5th respondent substantively appointed two persons including the applicant who were working as Liftman, to selection grade w.e.f. 1.7.1991 in pay scale of Rs.825-15-900-EB-20-1200. The contention of the applicant is that the 5th respondent by a letter dated 13.12.1991 informed that the scale of pay of the Liftman (Ordinary Grade) has been revised from 800-1150 to Rs.950-20-1150-EB-25-1500 w.e.f. 05.07.1991, under the instructions of the Government of India. Accordingly, the applicant made a representation on 24.12.1991, requesting to revise the scales of pay to the selection grade Liftman correspondingly. However, the 4th respondent vide letter No.AST/SGM/1/45 dated 30.01.92 informed that no orders have been received from the Directorate regarding selection grade Liftman. Further, the applicant submits that the other Government Departments have revised the selection grade pay to Rs.1150-25-1500. Hence, the applicant has filed this OA seeking the following relief:- “1. to call for the records in No.AST/STB/PAY ANAMOLY/LO/23 dated 17.2.2009 and set aside the same and to direct the respondents to revise the scale of pay to the post of selection grade Liftman from the then existing Rs.825-15-900-EB-20-1200 to Rs.1150-25-1500 with effect from 5.7.1991 the date on which such revision was made to the ordinary grade Liftman.
2. fix the basic pay of the applicant in the selection grade scale of Rs.1200-30-1440-EB-30-1800 amended MA No.7/2012 allowed by Hon'ble Member, CAT on 5.01.2012.
3. re-fix the pay, as may be necessary, consequent on the revision of scales to the selection grade posts of Liftman in pursuance of the recommendations of the subsequent Central Pay Commission and
4. draw and disburse the arrears of pay and allowances to the applicant”.
3. Per contra, the respondents have filed the reply statement.
4. It is submitted by the respondents that vide letter No.AST/LFM/1/40 dated 13.12.1991, the pay of Liftman has been revised to Rs.950-1500/- from the existing scale of Rs.800-1150/- w.e.f. 05.07.1991 and subsequently the date of effect for the revised scale has been modified from 05.07.1991 to 01.12.1987, vide OM No.19(3)-IC/90 dated 02.04.1992. Therefore, the representations of the applicant for revision of pay scale was disposed of stating that the same was referred to DOT and there was no specific orders from DOT and thus higher placement cannot be acceded to vide letters dated 30.01.1992, 17.02.2009 and 02.03.2009. Further, the respondents submits that the applicant has been fixed next higher scale w.e.f. 30.12.2003 under Assured Career Progression-II(ACP) scheme in the IDA pay scale of Rs.5700-160-8100 vide letter No.AST/STB/LO/ACP/VOL.III/2001-2003/11 dated 26.02.2004.
5. Heard both sides and perused the records.
6. Having heard both the counsels we feel that the ends of justice would be met if a direction is given to the respondents to consider and dispose of the representations submitted by the applicant which are referred to DOT by the concerned officials within a time frame. Accordingly, we direct the concerned respondents preferably respondents No.1,2and3 to dispose of the representation dated 24.12.1991, which was referred by the authorities to DOT for taking a decision within a period of three months from the date of receipt of a copy of this order. With the above direction the OA is disposed of. No order as to costs.