http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: HARI SHAMRAO NIMJE & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       09/12/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard learned counsel on both sides. This appeal  by special  leave arises  from the order of the Central Administrative Tribunal, Bombay Bench dated 7.3.1995 made in  OA No.  755/90. It  is not necessary to narrate all the facts in this case. Suffice it to state that by order of this Court  dated August  12, 1996,  this Court directed the appellants to  produce their  orders of  promotion from Data Processing Assistants  to Data  Processing  Supervisors  and also their scales of pay. Pursuant thereto, the records have been produced  which  establish  that  the  appellants  were promoted from  Data Processing Assistants to Data Processing Supervisors. In  their re-designation  and classification of the posts  as per  the then  policy, they  were put  in Data Processing Assistants Grade ‘A’ in the scale of pay Rs.1600- 2600/- which  is an  entry grade.  The appellants claim that having been promoted as Supervisors from the Data Processing Assistants, putting  them into Grade ‘A’ would be unjust and they should  have  been  fitted  into  the  Data  Processing Assistants Grade  ‘B’ which  is a  promotional grade  in the scale of  pay of  Rs.2000-3300/-. Since  the appellants have placed a letter dated May 15, 1996 passed by the Ministry of Planning  and   Programme  Implementation   whereunder   the Government itself  had directed  to reconsider the matter in view of  their directions  dated July  2, 1990, by the above proceedings,  at   the  requires   of  the  learned  counsel appearing for  the respondents, we adjourned the matters and directed the  respondents to  take action  as per  our order dated September 2, 1996 to take necessary steps and directed to post the matter after three months. Today when the matter has come  up, no affidavit of the officer concerned has been filed showing  what steps were taken in that behalf from the date of the order till date. Mr. R. Venugopal Reddy, learned senior counsel  appearing for  the respondents,  sought  for further three months’ time stating that they have to consult the Law  Department and  the Finance  Department. In view of the fact  that the  respondents have  not shown any progress made or  the steps  taken, we decline to extend time. We are left with  no option  but to  allow the appeal. The order of

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

the  Tribunal   is  set   aside.  The  OA  is  ordered.  The respondents are  directed to  fit them  in  Grade  ‘B’  Data Processing Assistant in the pay scale of Rs.2000-3300/- with all consequential benefits.      The appeal is allowed but with no order as to costs.