PETITIONER:
ALL INDIA DETENCE ESTATE EXPLOYEES ASSOCIATION.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 27/08/1998
BENCH:
G T NANAVATI, S RAJENDRA BABU.
ACT
HEADNOTE
JUDGMENT
JUDGEMENT This appeal against the order of the Central Administrative Tribunal deserves to be dismissed as we are of the opinion that the view taken by the Tribunal is correct. The only question raised before the Tribunal was whether appellant nos. 2 & 3 were entitled to the benefit of one increment under Fundamental Rule 22-C on their promotion from the post of Technical Assistant to the post of office Superintendent Grade-II in 1988. The Tribunal held that appellant nos. 2 & 3 were governed by Rule 7 of the Civilians in Defence Services (Revised Pay) Rules, 1986 and not by the Fundamental Rule 22-C. We are also of the opinion that the appellant nos. 2 & 3 being civilians in defence services the specific rule applied to them and not the general provision contained in FR 22-C. Moreover, the two cadres of Technical Assistant and Office Superintendent Grade-II stood merged with effect from 1.1.86 and the two pay-scales attached to theirr cadres also merged with effect from the same date. Therefore, there could not have been any promotion within the cadre in the year 1988. That being so, the situation of qranting benefit under Fundamental Rule 22-C did not arise at all because there were no promotion to a higher post or to a post carrying higher duties. As the claim of the appellants was misconceived it was rightly rejected by the Tribunal. We, therefore, dismiss this appeal with no order as to costs.