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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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