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PETITIONER: CHIEF ADMINISTRATOR-CUM-JT.SECRETARY TO THE GOVT. OF INDIA &

       Vs.

RESPONDENT: DIPAK CHAND A DAS

DATE OF JUDGMENT:       16/09/1998

BENCH: S.SAGHIR AHMAD, S.RAJENDRA BABU

ACT:

HEADNOTE:

JUDGMENT:  JUDGMENT Rajendra Babu. J. This appeal is directed against an order made by the Central Administrative  Tribunal.    The respondent filed an application for re-fixation of his pay with effect from  1st Juanuary, 1986  in  the cadre of Divisional Accountant.  The Tribunal directed that the respondent be given the pay scale of Rs.  2000-3200 with effect from 1st Junary.  1986 in  the cadre of  Divisional accountant.  The Tribunal directed that the respondent be given the pay scale of Rs.  2000-3200 with effect from 1st January, 1986 till he  was  declared  to  be surplus  in  the organisation on the Project being wound up. The Tribunal noticed:   (i)  that  the  post  of  Divisional Accountant  is  higher in every respect other than that of a Senior Accountant; (ii) The Senior Accountants  were  always regarded  as assistants to the Divisional Accountants; (iii) That  Senior  Accountants  constitute  a  feeder  cadre   to promotion  to  Divisional  Accountant and some of the Senior Accountants appeared for examinations for promotion  to  the Divisional  Accountants  cadre  and  a candidate had to pass examination to become Divisional  Accountant  than  the  one precribed for becoming a Senior Accountant and the Third and Fourth Pay Commissionions had recommended higher  pay-scales for  Divisional  Accountants  compared to Senior Accountants and the Senior Accountants are junior to him. The Divisional Accountants  took  the  view  that  it   would   be   wholly incqui0able  alone  a Divisional Accountant who is higher in status than a Senior Accountant, to grant him salary  lesser than of Senior Accountant, on that basis given the direction referred to by us earlier. The  learned  Additional Solicitor General submitted that even  proceeding  on  the  basis  that  the  Divisional Accountant  is  higher  in  status  to  Senior Accountant, a direction issued by the Tribunal fixing the pay scale of the respondent is improbable.  He also contended that two  posts are  not comparable as Divisional Accountants are in line of promotion to Junior Accounts Officer of a lower cadre  alone whereas  Senior  Accountants  are  in  line for promotion to Establishment Officers with the higher pay scales.         However, it is not possible for  us  to  decide  the

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second  question  raised by the learned Additional Solicitor General. The Tribunal  has  on  consideration  of  different aspects of the matter to which we have adverted to has taken the view that Divisional Accountant is nigher in status than a  Senior  Accountant  which  is  a finding on a question of fact. On examination of the  duties  assigned  to  different persons  and  other  relevant circumstances the Tribunal has come to this conclusion.  Hence  we  do  not  think  we  can disturb that finding. However, the Tribunal could not  have  directed  fixing  the pay-scales of   the  respondent.    On  the  other  hand,  a direction should have been issued to the concerned authority to fix a proper  pay  scale  bearing  in  mind  the  finding recorded by the Tribunal that Divisional Accountants enjoy a higher status  to  that  of a Senior Accountant.  The appeal filed by the Government is,  therefore.    allowed  in  part modifying  the  direction  issued  by the Tribunal to give a particular pay scale of Rs.  2000-3200 with effect from  1st January,  1986,  on the other hand, the appellants shall fix appropriate pay scale bearing in mind the  finding  recorded by the  Tribunal  the Divisional Accountant.  We direct that the action be taken by the Government, for  the  respondent, within a period of six months from today.