K.Asokan v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.4.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Review Application No.29 of 2018 K.Asokan ..

Applicant Vs.

1. Union of India rep. by Secretary to Government of India Ministry of Telecommunications New Delhi.

2. Bharat Sanchar Nigam Limited rep. by its Chairman & Managing Director Corporate Office B-148, Barakhamba Road Cannaught Plane New Delhi 110 001.

3. The Chief General Manager Tamil Nadu Circle Anna Salai, Chennai 600 002 Now at 16, Greams Road Chennai 600 006.

4. Principal Chief Engineer (Civil) T.N. Civil Zone, Chennai 600 015 Now at 16, Greams Road Chennai 600 006.

5. The Registrar Central Administrative Tribunal Chennai Bench, High Court Complex Chennai.

..

Respondents

----- Application under Article 226 of the Constitution of India, read with Order XLVII, Rule 1, CPC read with Section 114 of CPC, to review the order dated 26.7.2017 made in W.P.No.16817 of 2014. ----- For Applicant/Petitioner : Mr.Menon Karthik Mukund ------

O R D E R

(Made by Huluvadi G.Ramesh,J) The review application has been filed seeking to review the order dated 26.7.2017 made in W.P.No.16817 of 2014.

2.. The original scale of pay of the applicant was fixed at 5000-1508000. According to the learned counsel, since the applicant reached the scale of 5500-175-9000, he has to be considered as a holder of Group B post, instead of Group C post.

3. In the year 2001, the applicant exercised his option for Group C. It appears that even if option is exercised for Group B post, the same is subject to Clause 5 of the letter dated 14.01.2002, which stipulates that officers who are in the pay scale of maximum Rs.9000 and above, but less than Rs.13500 alone would be considered for Group B post.

4. Further, on scrutiny of the materials, it is found that the revised scale of pay of the applicant was only Rs.5000-150-8000. However, due to the award of increment, the pay scale was upgraded to Rs.5500-9000, which would not entitle the applicant to stake his claim that he should be declared as the holder of Group B post, particularly when he has exercised his option for Group C.

5. In that view of the matter, we do not find any merit in the submission made by the counsel for the applicant that the applicant should be declared as the holder of Group B post. Accordingly, the review application is dismissed.

Index : Yes/No (H.G.R.J.) (G.J.J.) Internet: Yes/No 23.4.2018 kpl To

1. The Secretary to Government of India Ministry of Telecommunications New Delhi.

2. The Chairman & Managing Director Corporate Office B-148, Barakhamba Road Cannaught Plane New Delhi 110 001.

3. The Chief General Manager Tamil Nadu Circle Anna Salai, Chennai 600 002 Now at 16, Greams Road Chennai 600 006.

4. Principal Chief Engineer (Civil) T.N. Civil Zone, Chennai 600 015 Now at 16, Greams Road Chennai 600 006.

5. The Registrar Central Administrative Tribunal Chennai Bench, High Court Complex Chennai.

HULUVADI G.RAMESH,J, and G.JAYACHANDRAN,J kpl Rev.A.No.29 of 2018 23.4.2018