Holding

Respondents, having already received benefits under the 1984 Office Memorandum, are not entitled to the higher pay scale under the 1994 Office Memorandum.

Summary

The case concerned draughtsmen employed in the Ordnance Factories who had received a pay‑scale uplift under an Office Memorandum (OM) dated 13‑Mar‑1984, which was based on educational qualifications. A later OM dated 19‑Oct‑1994 revised pay scales on the basis of length of service and the respondents claimed entitlement to a higher (Senior Draughtsman) pay scale under this newer order. The Central Administrative Tribunal had earlier granted them at least the Grade II draughtsman pay scale, and the Union of India appealed that the respondents could not claim the additional benefit of the 1994 OM. The Supreme Court examined the effect of the 1989 statutory rules, the retrospective operation of the OMs, and the principle that once statutory rules are in force they govern the terms of service. It held that the respondents, having already derived benefit from the 1984 OM, were not entitled to the further uplift under the 1994 OM, and that the circular of 1994 could not be set aside. Consequently, the appeal was allowed and the earlier judgment set aside.

Issues considered

Whether draughtsmen who received pay‑scale benefits under the 1984 Office Memorandum are entitled to additional benefits under the 1994 Office Memorandum which changed the criteria from qualification to length of service.
Whether the 1989 recruitment and service rules, being prospective, affect the entitlement to the 1994 pay revision.
Whether the direction of the Central Administrative Tribunal to grant at least Grade II pay can be extended to a higher grade.

Subjects

service lawpay scale revisionoffice memorandumcentral administrative tribunalretrospective operationpromotion criteriastatutory rulesequality

Judgment

UNION OF INDIA AND ANR. A
v.
S.D. BANDHOPADHYAY AND ORS.

OCTOBER 19, 2006

[S.B. SINHA AND DALVEER BHANDARI, JJ.] B

Service Law:

Pay Scale-Revision of-0.M. issued granting revision of pay scales C
based on criteria of educational qualification-Respondents granted benefits
in terms thereof-Ten years later another O.M. issued granting revised pay
scales, but based on criteria of length of service-Claim by Respondents for
further revision of pay scale in terms of subsequent O.M.-Maintainability
of-On facts, held, not maintainable-Contention of Respondents, that in
view of changed criteria by reason of the subsequent O.M., the same should D
be applied in their case, is misplaced-Respondents having been given
benefits in terms of the earlier O.M. could not have been granted further
benefits i.e. higher scale of pay in terms of the subsequent O.M.

There was a revision in pay scales of all the three Grades of E
Draughtsmen in CPWD. An Office Memorandum dated 13-3-1984 was issued
granting similar revision of pay scales to Draughtsmen in all Govt. Offices.
The OM was based on the criteria of educational qualification and given
retrospective operation w.e.f. 1-11-1983. Respondents, draughtsmen employed
in Ordnance Factories, claimed revision in terms of OM of 1984, though in
the Ordnance Factories there was no three grade structure for Draughtsmen F
as prevalent in CPWD. The Tribunal held that the Respondents were at least
entitled to pay scale of Draughtsmen Grade II. Appeal against that decision
was dismissed by this Court in Debashis Kar*.

Another Office Memordandum was issued on 19-10-1994, whereby G
benefits of revision of pay scales were sought to be conferred upon the
Draughtsmen. This OM also was given retrospective operation w.e.f. 1-1-1983
though it was based on the criteria oflength of service. The OM further stated
that revision of pay scale if effected, future promotions will be made in
accordance with the normal eligibility criteria. Respondents filed application
before the Tribunal claiming entitlement to grant of pay scale of Draughtsmen H
587
588 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A Grade-I in terms of the OM of 1994. The claim was allowed.

The question which arose for consideration in the present appeal is
whether Respondents having been given the benefits in terms of OM of 1984
could have been granted further benefits in terms of the OM ol 1994.

B Allowing the appeal, the Court

HELD: I.I. Respondents obtained the benefits by reason of the judgment
of the Tribunal. This Court in Debashis Kar refused to consider the rules
framed by the Union oflndia in 1989 on the premise that the rules being
C prospective in nature the same did not take into consideration the scale of
pay to which Respondents would be entitled prior thereto. The Tribunal no
doubt used the expression 'at least' while directing revision of scale of pay to
Respondents at par with Grade II Draughtsmen of CPWD but merely directed
the Ordnance Factory Board to review 'set up of Draughtsmen' in the said
organisation in the light of the said memorandums. But, what had not been
D noticed therein was that prior thereto rules had been framed in 1989. Once
statutory rules came into force, the terms and conditions of service laid down
thereby shall govern the field. 1596-G-H; 597-Al

1.2. Submission by the Respondents, that in view of the changes in
E criteria by reason of the OM of 1994, the same should be applied in their
case, is misplaced. The contentions of Respondents had been considered by
the Tribunal. Evidently, the Respondents could not have been given the entire
benefit of the OM of 1984. It was in that situation and in particular in absence
of a clear policy decision adopted by the Union oflndia a direction was issued
by the Central Administrative Tribunal that they be given the pay scale of
F Draughtsmen Grade II. It was not adhoc in nature. The observations of the
Tribunal cannot be taken to mean that the same was subjected to any other
decision. The OM of 1994 does not take into effect the question of the
promotion. Whereas the posts of Senior Draughtsmen were to be filled up by
way of promotion from the incumbents of Draughtsmen Grade II, so far as
G the Draughtsmen of the Ordnance Factory Board are concerned they were to
be promoted to the Draughtsmen Grade II. The question must be determined
on the basis of the position as was obtaining prior to 1989. As Respondents
had already derived benefit in terms of OM of 1984, it is difficult to hold that
they became entitled to the further benefit that is a higher scale of pay which
was payable to the Senior Draughtsmen of CPWD in terms of the OM of 1994.
H (598-B-Fl
U.0.1. v. S.D. BANDHOPADHY AY [S.B. SINHA. J.] 589

Union of India v. Debashis Kar and Ors .. (1995( Supp 3 SCC 528 and A
State of Haryana and Anr. v. Haryana Civil Secretariat Personal Staff
Association, (2002( 6 SCC 72, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2643 of2004.

From the final Judgment and Order dated 5.5.2003 of the High Court of B
Madhya Pradesh at Jabalpur in W.P. No. 5441/2002.

Amarendra Sharan, A.S.G., Rekha Pandey, Asha G. Nair and Anil Katiyar
(for Ms. Shushma Suri) for the Appellants.

Ravindra Shrivastava, Shiv Sagar Tiwari, Kunal Verma and Raju! C
Shrivastava for the Respondents.

The Judgment of the Court was delivered by

S.B. SINHA, J. Respondents herein at all material times were and still
are working as Draughtsmen in the Ordnance Factory belonging to Union of D
India. The pay scales of the Draughtsmen employed in the Central Public
Works Department (CPWD) were revised on the basis of the report of the
Third Pay Commission from 1.1.1973 in the following terms:

(i) Draughtsman - I Rs. 425-700

(ii) Draughtsman - II Rs. 33C-560 E
(iiO Draughtsman - III Rs. 260-430

They were not satisfied therewith as a result whereof dispute raised by
them which was referred to a Board of Arbitration. By an award dated 20th
June, 1980, the pay scales of Draughtsmen were revised as under: F
(i) Draughtsman - ! Rs. 550-750

(iO Draughtsman - II Rs. 425-700

(iii) Draughtsman - III Rs. 330-560
G
It was directed in the said award that the scale of pay would come into
force with effect from 1.1.1973 but for computation of arrears the date of
reckoning shall be 28/29th July, 1978. The pay scales of Draughtsmen of
CPWD were revised. The Draughtsmen employed in some departments other
than CPWD claimed revision of their pay scales by raising a similar demand
in the light of the revision of pay scales in CPWD. Acceding. thereto, an office H
590 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A memorandum dated 13.3.1984 was issued stating:

"Sub: Revision of Pay Scales of Draughtsman Grade III, II & 1 in all
Govt. of India Offices on the basis of Award of Board of Arbitration
in the case of Central Public Works Department. ·'

B The undersigned is directed to state that Committee of the National
Council (JCM) was set up to consider the request of the staff side that
the following revised scales of pay allowed to the D/Man Grade 1, II
& Ill working in C.P.W.D. on the basis of the Award of Board of
Arbitration may be extended to D/Man Grade III, IJ & I in all Govt.
of India Officers:
c Original Scale Revised Scale on
the basis of award
Draughtsman Gr. I Rs. 425-700 Rs. 550-750

Draughtsman Gr. II Rs. 330-560 Rs. 425-700
D
Draughtsman Gr. Ill Rs. 260-430 Rs. 330-560

2. The President is now pleased to decide that the Scales of Pay of
D/man Gr. III, IJ, I in office/ Deptt. Of the Govt. of India, other than
the C.P.W.D. may be revised as above provided, their recruitment
E qualification are similar to these prescribed in the case of D/Man in
C.P. W.D. Those who do not fulfil the above recruitment qualification
will continue in the pre-revised scales. The benefit of this revision of
scales of pay would be given notionally with effect from 13.5.1982, the
actual benefit being allowed w.e.f. 1.11.1983."

F A demand was also raised by the Draughtsmen working in the Ordnance
Factory herein but there were, however, no three grade structure for the said
cadre as was prevalent in CPWD. Prior to revision of the scale of pay in terms
of the recommendations of the Third Pay Commission, the scale of pay of
Draughtsmen in Ordnance Factory was Rs. 330-560/-. In terms of
G recommendations of the Third Pay Commis;ion, 50% posts of Senior
Draughtsmen were put in the scale of pay of Rs. 42.5-700 and the remaining
50% of Senior Draughtsmen in the lower pay scale of Rs. 330-560/-. It was,
however, stated that all the posts of senior Draughtsmen were merged and
redesignated as Chargeman Grade IJ (Tech) with effect from 1981.

H Appellants herein contend that the Draughtsmen in Ordnance Factories
U.O.l. v. S.D. BANDHOPADHYA Y [S.B. SINHA, J.] 591

were treated equivalent to Draughtsmen Grade Ill of CPWD both in terms of A
recruitment qualification and job content and, therefore, the office memorandum
dated 13.3.1984 was not relevant for their purpose.

A writ petition was filed by some Draughtsmen employed in Ordnance
Factories located in the State of West Bengal before the High Court of
Calcutta which was disposed of by an order dated 8th October, 1985 directing B
the Department to implement OM dated I 3.3.1984.

The matter came up for consideration before the Central Administrative
Tribunal, Jabalpur wherein the Draughtsmen in Ordnance Factories who were
in the pre-revised scale of 330-560 claimed revision and upgradation of the C
scale of pay. The Tribunal by a judgment dated 21.4.1987 opined that
Respondents were at least entitled to the pay scale of Draughtsmen Grade II

- opining:

"From the minutes No. R.N. No. 167/Tcn/BS, dated 18.09.1986 of the
O.F. Board's decision feed by the respondents it is not clear whether D
the O.F. Board have applied their mind to the question of revising and
revising No. 4of1956 and creating a three tier set up of D'men in O.F.
Organisation in the light of Government of India's order of 13.03.1984.
The question is of not merely applying pay scales to the existing set
up but reviewing the existing set up. The sub-committee in their report
of 24.01.1986 have stated that the post of Tracer should be abolished, E
aged if they are abolished their replacement would be by D'men Grade
III, it would, however, be invidious to place these tracers in Grade III
with lesser qualifications with the petitioners and applicants with
superior qualifications as have been quoted by sub-committee and the
board with Grade III and not with Grade II. The equation done by the F
O.F. Board putting the petitioners and applicants inspite of their
higher qualifications with Grade Ill and not Grade II of the draughtsmen
of CPWD and consequently giving them the lower pay scale of Rs.
330-560 is itself wrong and erroneous and cannot be accepted by this
Tribunal. Also there is no reason to suppose as to why in the light
of general policy laid down by the Government of India vide their G
order of 13.3.1984 the senior draughtsman of the present set up
should not be equated with D'men Grade I and redesignated in the
pay scale of Rs. 550-750 instead of treating them as Chargeman Grade
II."

H
592 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A It was further opined:

" ..... This is a matter which needs review by the O.F. Board. In any
case the decision of the O.F. Board taken in their meeting of 09.09.1986
and the equation of the petitioners and applicants with D'men Grade
Ill ofCPWD as recommended in sub-committee's report of21.0l.1986
B and accepted by the O.F. Board is hereby quashed."

It was directed:

"The OF Board decision is neither a proper implementation of Calcutta
High Court's judgment of08. I0.1985 in C.O. No. 502of1985 read with ...
c their subsequent order of 14.07.1986 and nor a proper implementation
of the Govt. of India's order 13.3.1984 (document No. 2). As we have
held in the proceeding paragraph to petitioners and applicants have
similar qualifications to those of Category II D'man of CPWD at least
subject to some individual exceptions, which may be identified by the
Assessor's Committee, which has been suggested by us to go into
D the question. The argument advanced on behalf of non-applicants/
respondents that persons with higher qualifications can be taken on
lower posts cannot be entirely accepted in the context of this case
where the Govt. of India's order stipulate linking of certain pay scales
with certain qualifications are generally entitled to be placed in the
E category of D'men Grade II in the scale of Rs. 425-700 (revised by
Govt. of India consequent to the Award but pre-revised with reference
to Fourth Pay Commission) and consequently to the corresponding
replacement sale on the basis of Fourth Pay Commission's
recommendations as accepted by Govt. The exceptions may be
identified with a period of three months from the date of this order."
F
From the said judgment, however, it does not appear that the Tribunal
had any occasion to notice the rules framed by Appellant in the year 1989.
Indisputably, the criteria laid down in the OM of 1984 was substantially
radiated in another OM wherein simiiar benefits were sought to be conferred
G upon the Draughtsmen, i.e. OM dated 19.10.1994 in terms whereof extension
of the benefit ofCPWD Arbitration Award was directed to be given in regard
to revision/upgradation of pay scale in different grades/post or any time
bound promotion granted thereafter in other departments. -
It was, however, stated therein that once the revision of pay scale has
H been effected, future promotions will be made in accordance with the normal
.,_
.
U.O.l. v. S.D. BANDHOPADHY AY [S.B. SINHA. J.] 593
eligibility criteria. The said OM also was given retrospective effect and A
retroactive operation with effect from 1.11.1983.

The judgment of the tribunal came to be challenged by the Union of
India in Union of India v. De bas his Kar and Ors., [ 1995) Supp 3 SCC 528.
Therein attention of this Court was not only drawn to the aforementioned OM
of 1984 but also to the OM of 1994. B
This Court also noticed the benefits granted in terms of the OM of 1994
observing:

"In respect of draughtsmen who fulfilled the requirement relating to
the period of service mentioned in the said Office Memorandum dated C
19-10-1994 on the relevant date the question whether their recruitment
qualifications were similar to those in the case of draughtsmen in
CPWD would not arise and they would be entitled to the revised pay
scales as granted to the draughtsmen in CPWD irrespective of their
recruitment qualifications. But in respect of those draughtsmen who D
did not fulfil the requirement relating to the period of service prescribed
in para 2 of the Office Memorandum dated 19-10-1994 the question
whether their recruitment qualifications are similar to those prescribed
for draughtsmen in CPWD is required to be considered for the purpose
of deciding whether they are entitled to the benefit of the revision of
pay scales as per the office memorandum dated 13-3-1984." E
Attention of the Court was also drawn to the Indian Ordnance Factories
Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions
of Service) Rules, 1989 by the learned counsel appearing on behalf of Union
of India while contending that the award of the Board of Arbitration was not
applicable in the case of Draughtsmen. The said contention, however, was F
negatived stating:

'The said Rules are not retrospective in operation. Here we are
concerned with the revision of pay scales with effect from 13-5-1982
on the basis of the Office Memorandum dated 13-3-1984 and, at that G
time, the said rules were not operative. Therefore, on the basis of the
aforesaid Rules Draughtsmen in Ordnance Factories cannot be denied
the benefit of revision of pay scales on the basis of the Office
Memorandum dated 13-3-1984. The appeals and the SLPs as well as
review petitions relating to draughtsmen in Ordnance Factories are,
H
594 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A therefore, liable to be dismissed."

The appeal filed by Union of India was, thus, dismissed.

However on 15.9.1995, a circular letter was issued by the Ministry of
Defence wherein upon referring to both the aforementioned OMs it was
B stated in paragraphs 3 and 9:
"3. Incumbents in position before 13.5.82 may be placed in the revised
scale of pay as and when they complete/completed the length of
service in the respective grades and subject to condition indicated
below:
c (1) The individuals will be granted the revised scale from the date on
which they complete the required length of service as follows:

(a) Minimum period of service for placement: from the post carrying
scale of Rs. 975-1540 to Rs. 1200-2040 (pre-revised Rs. 260-430 to Rs.
350-560) 7 years
D
(b) Minimum period of service for placement: from the post carrying
scale of Rs. 1200-2040 to Rs. 1400-2300 (pre-revised Rs. 330-560 to Rs.
425-700) 5 years

(c) Minimum period of service for placement: from the post carrying
E scale of Rs. 1400-2300 to Rs. 1600-2660 (pre-revised Rs. 425-700 to Rs.
550-750) 4 years

(2) Once the Draughtsmen are placed in the regular scales, further
promotions would be made against available vacan~ies in higher grade
and in accordance with the nonnal eligibility criteria laid down in the
F recruitment rules.

(3) The benefit of this revision of scales of pay would be given with
effect from 13.5.82 notionally and actually from I.I 1.83, in respect of
Draughtsmen who fulfilled the requirement relating to the period of
service mentioned in clause(!) above before 13.5.82. In respect of the
G Draughtsmen who were in position as on 13.5.82 but did not fulfill the
required length of service on that date, they will be entitled to the
revised scales as and when they complete requisite length of service.

(4) The individuals pay scales had not been revised earlier on the
basis of Ministry of Finance O.M. No. F(59)/E.IIl/82 dated 13.3.84
H ·-,
U.0.1. v. S.D. BANDHOPADHYAY [S.B. SINHA. J.] 595
referred to in para 4 of this letter or through any court orders. A
9. These orders shall not also apply to DGEME and OFB for which
separate orders will be issued."

Respondents thereafter filed revisional application before the Central
Administrative Tribunal inter alia questioning the said OMs and contending B
that they were entitled to the grant of pay scale of Senior Draughtsmen (Rs.
550-750) in terms of OM dated 19.10.1994. The said original application was
allowed directing:

"We have carefully considered the facts of the case and perused the
material placed before us. In our opinion the Ministry of Finance OM C
dated 19.10.1994 is a general order conveying the President's pleasure
to allow Draughtsmen Grade I, II and III in the offices/ departments
.
·- of Government of India other than CPWD who fulfil the requisite
number of years of service .

.... In this view of the matter, we are of the view that Draughtsman D
Grade II in the scale of Rs. 425-700(pre-revised) should also get the
scale of pay admissible to Draughtsman Grade-I after completion of
requisite length of service as per Ministry of Finance OM dated
19.10.94. This upgradation of pay in the light of Ministry of Finance
OM dated 19.10.94 is restricted to arrears of pay and allowances and
is not to be taken into account for re-fixation of any seniority. With E
the above observation this OA is allowed."

Writ petitions were filed by both the parties before the High Court of
Madhya Pradesh, Jabalpur. While dismissing the writ petition filed by
Appellant, the High Court directed:
F
"After bestowing our anxious consideration on the reasons assigned
by the Tribunal, we have no scintilla of doubt to hold that the
findings rendered by it are in consonance with the law laid down in
the case of Debasish Kar (supra). However, looking to the nature and
peculiar facts and circumstances of the case, it will be justifiable to G
extend the said relieffrom the date of filing of the Original Application
before the Tribunal."

Insofar as the writ petition filed by the employees, it was directed:

"The submission of the learned counsel for the petitioner is that the H
r
596 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A Tribunal has erred in law by not extending the benefit of seniority and
promotion to the petitioners.

It is well settled in law that the matter of promotion i~ a managerial
function and it is not the function of the court to consider the merit
of the employees itself. The proper course for it is to ask rhe employer
B to consider the case for promotion of particular employees. In the
present case, the petitioners have not arrayed the employees over
whom they are claiming seniority."

Before adverting to the contentions raised by the parties herein, we may
notice that Respondents had filed special leave petition before this Court
C being SLP (C) No. 14431 of 2003 but the same has been dismissed by this
Court on 18.8.2003 directing:

"In view of the fact that the petitioners are permitted to make the
representation, we are not inclined to interfere. The special leave
petition is dismissed.
D
In case the representation is filed, we hope and trust that the same
would be considered expeditiously."

The short question which arises for consideration before us is as to
whether Respondents having been given the benefits in terms of the OM of
E 1984 could have been granted further benefits in terms of the OM of 1994.

It is not in dispute that the system of having three grades of
draughtsmen in Ordnance Factories was not in vogue. Indisputably, OM of
1984 was based on educational qualification. It is also true that by reason of
OM of 1994, a shift was made from the educational qualification to length of
F service. However, indisputably the question as noticed herienbefore was fully
considered by this Court in Debashis Kar (supra).

Respondents obtained the benefits by reason of the Judgment of the
Tribunal. This Court as noticed hereinbefore in Debashis Kar (supra) refused
G to consider the rules framed by the Union of India in 1989 on the premise that
the rules being prospective in nature the same did not take into consideration
the scale of pay to which Respondents would be entitled prior thereto. The
Central Administrative Tribunal no doubt used the expression 'at least' while
directing revision of scale of pay to Respondents at par with Grade II
Draughtsmen of CPWD but merely directed the Ordnance Factory Board to
H review 'set up of Draughtsmen' in the said organisation in the light of the
U.0.1. v. S.D. BANDHOPADHY AY [S.B. SINHA J.] 597
said memorandums. But, what had not been noticed therein was that prior A
thereto rules had been framed in 1989. Once statutory rules came into force,
the terms and conditions of service laid down thereby shall govern the field.
The decision of this Court in Debashis Kar. (supra) again was considered in
Nain Singh Bhakuni and Ors. v. Union of India and Anr., [ 1998] 3 SCC 348
wherein it was stated:
B
"11. In this connection we may profitably refer to the decision of
this Court in Debashis Kar to which one of us, S. Saghir Ahmad, J.,
was a party. In that case the Tribunal had granted parity of treatment
to Draftsmen working in ordnance factories as well as army base
workshops in EME so far as rise in their pay scales on the same lines C
as the hike given to their counterparts in CPWD by the Government
Memorandum dated 13-3-1984 was concerned. It was observed that
the pay scales fixed on the basis of First, Second and Third Central
Pay Commissions showed that Tracers in ordnance factories had all
along been treated equivalent to Tracer/Draftsman Grade II in CPWD
and Draftsman in ordnance factories had all along been treated as D
equivalent to Assistant Draftsman/Draftsman Grade II in CPWD and
accordingly they were entitled to the benefit of OM dated 13-3-1984.
The said decision, therefore, upheld the action of the authorities
based on the aforesaid OM. It is this OM which has been given effect
to by the Tribunal in favour of the present appellants. Under these
circumstances, in our view, no more relief on the facts of this case,
E
as discussed by us, could be granted to the appellants than what is
granted by the Tribunal to them."

In State of Haryana and Anr. v. Haryana Civil Secretariat Personal
Staff Association, [2002] 6 SCC 72, this Court had the occasion to consider
F
the question with regard to the job evaluation opining that the same poses
a complex question. It was observed:

" .... The courts should approach such matters with restraint and
interfere only when they are satisfied that the decision of the
Government is patently irrational, unjust and prejudicial to a section G
.. of employees and the Government while taking the decision has
ignored factors which are material and relevant for a decision in the
matter. Even in a case where the court holds the order passed by the
Government to be unsustainable then ordinarily a direction should be
given to the State Government or the authority taking the decision to
reconsider the matter and pass a proper order. The court should avoid H
598 SUPREME COURT REPORTS. [2006) SUPP. i S.C.R.
,__
A giving a declaration granting a particular scale of pay and compelling
the Government to implement the same"

Submission of Mr. Ravindra Shrivastava, learned senior counsel appearing
on behalf of Respondents, that in view of the changes in criteria by reason
of the OM of 1994, the same should be applied in their case, in our opinion,
B is misplaced. The contentions of Respondents had been considered by the
Tribunal. Evidently, they could not have been given the entire benefit of the
OM of 1984. It was in that situation and in particular in absence of a clear
policy decision adopted by the Union of India a direction was issued by the
Central Administrative Tribunal that they be given the pay scale of
Draughtsmen Grade II. It was not adhoc in nature. The observations of the
c Tribunal as quoted supra cannot be taken to mean that the same was subjected
to any other decision. The OM of 1994 does not take into effect the question
of the promotion. Whereas the posts of Senior Draughtsmen were to be filled '
up by way of promotion from the incumbents of Draughtsmen Grade II, so
far as the Draughtsmen of the Ordnance Factory Board are concerned they
D were to be promoted to the Draughtsmen Grade II. The question must be
determined on the basis of the position as was obtaining prior to 1989. As
Respondents had already derived benefit in terms of OM of 1984, in our
opinion, it is difficult to hold that they became entitled to the further benefit
that is a higher scale of pay which was payable to the Senior Draughtsmen
of CPWD in terms of the OM of 1994.
E
In view of our findings aforementioned, the directions contained in
paragraphs 3 and 9 of the circular dated 15.9.94 cannot be said to be vitiated
in law. Whether it is issued by the Ministry of Defence or Ministry ofFinance
would pale into insignificancy, once it is held that the interpretation of the
two OMs had correctly been made. It is furthermore difficult to accept the
F
submission of the learned counsel that the OM of 1994 is not given effect
to in its entirety, the same will result in discrimination of Respondents inasmuch
as they have already got the benefits under the OM of 1994.

For the reasons aforementioned, the impugned judgment cannot be
G sustained which is set aside accordingly. This appeal is allowed. No costs.
,.~

B.B.B. Appeal allowed.