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PETITIONER: UNION OF INDIA

       Vs.

RESPONDENT: K.R. THAMPI

DATE OF JUDGMENT:       04/11/1996

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                THE 4TH DAY OF NOVEMBER, 1996 Present :               Hon’ble Mr.Justice K. Ramaswamy               Hon’ble Mr.Justice G.B. Pattanaik Ms. A. Jain, Ms. Indra Sawhney, A.K. Sharma, Advs. for the appellant Mahender  Singh,   P.R.  Malhotra,  C.N.  Sree  Kumar,  K.M. Balgopal Advs. for the Respondent                          O R D E R      The following Order of the court was delivered :                          O R D E R      Leave granted .      This appeal by special leave arises from the  judgement and order of the Central Administrative Tribunal, Ernakulam, made on 4.1.1996 in OA No.462 of  1995.      The admitted  position is  that  the  respondent    was appointed as a veterinary doctor on a temporary  post in the pay-scale of  Rs.650-1200/- which  was  subsequently revised to  Rs.2000   3500/-.  After  closure  of  the  Dandakaranya Project, instead  of dismissing  him   from  service  as  an Administrative Officer, they adjusted  the respondent as per the  Deployment  of  Surplus  Staff  Rules.  Initially,  the respondent  was   allotted  to  the    Scheduled  Caste  and Scheduled Tribe  Commission on their  willingness to receive him, but  later on, he was not assigned any duty. On receipt of letter from the Commission, the responded was allotted to the Geological  Department as  an Administrative  Officer by offer dated 26.2.1987. The scale of pay therein also was the same  as   was  of   the  Administrative   Officer  in   the Dandakaranya Project,  viz., Rs.2000-3500/-.  He claimed the scale of  Rs.700-1300/ which  was  subsequently  revised  to Rs.2200-4000/-  The  Tribunal  has  directed  grant  of  the aforesaid relief.  It is  obvious that the scale of Rs.2200- 4000/- is  higher  scale  of  Assistant  Director  than  the Administrative Officer  to which  post  the  respondent  was appointed. On  deployment to  Geological Department,  he was actually  drawing   the  scale  of  pay.  His  service  were transferred to Geological Department, Dandakaranya Project.      Learned counsel for the respondent contends that  since he was  given posting  as Assistant Director in the Schedule

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Caste and  Schedule Tribe  Commission and  he had  agreed to report to  join the  duty, the mere fact his that he was not assigned any  work, does  not take   away  his right  to the salary attached  to that  post. We  find no  force  in  this contention. Due  to the  letter addressed by the Commission, the Government  reallotted  him to the Geological Department as Administrative  Officer carrying  the same  scale of  pay drawn  by   him  in     Dandakranya   Project.  Under  these circumstance, the  view taken  by the  Tribunal  is  clearly illegal.      The appeal  is accordingly  allowed. He is entitled  to the pay-scale  of Rs.2000-3500/- in Geological Department as Administrative Officer. There will be no order as to costs.      It  would   be  open   to  the  respondent  to  make  a representation to  the Government   on  his claim  for  non- practising allowance;  and  it  is  for  the  Government  to consider and dispose it of according to the Rules.