A.J. JOSEPH vs UNION OF INDIA . Supreme Court, 08-01-1996

CourtSupreme Court (India)
JudgeRAMASWAMY,K.
Parties A.J. JOSEPHUNION OF INDIA .
Docket NumberC.A. No.-001909-001909 / 1996
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
A.J. JOSEPH
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 08/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 AIR 1010 1996 SCC (7) 392
JT 1996 (1) 561 1996 SCALE (1)479
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal is filed against the order of the Central
Administrative Tribunal, Calcutta Bench dated March 11, 1987
made in ND OA No. 12/A&N/87. The appellant claimed higher
scale of pay as head Compounder. Though the Health
Department in Andman & Nicobar Island and recommended to
consider his case of grant of special pay, the Government
after elaborate consideration in proceedings dt. April 21,
1976 considered that question of prescribing any higher
scale of pay for the post of Head compounder in Andman &
Nicobar Island does not arise. The Tribunal has held that
this being a policy decision, the Tribunal cannot give the
direction to prescribe the higher scale of pay to the Head
Compounder.
Ms. Lily Thomas, the learned counsel appearing for the
appellant relying upon Fundamental rule 9(25) Clause 7(iii)
contended that the appellant is entitled to the special pay
on par with others which is being denied to the appellant.
Shri A.N. Jayaram, the learned Additional Solicitor General
Appearing for the respondents stated that this grievance was
not made by the appellant at any point of time. As a fact
all those who are working in Andman & Nicobar Island, as per
the Fundamental rules, are being paid Andman special pay and
the appellant is not discriminated on that account.
Accepting the contention of the counsel for the respondents,
we are of the considered view that the grievance of the
appellant is not well founded. It is needless to mention
that whatever direction that have been given by the
Government of India under the Fundamental Rules for payment
of special pay of the employees working in Andman & Nicobar
Island, they are entitled for the same and accordingly such
special pay be paid to all the eligible persons including
the appellant.
The appeal is dismissed with the above observations.

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