TMI Blog2009 (7) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... le 74(b) of the Orissa Service Code. 3. The controversy arises from the facts which may be briefly noticed first. The appellant was appointed by the Government of Orissa as Overseer (Electrical) on November 16, 1964. He was deputed to serve in the Orissa State Electricity Board (for short, OSEB ) in the then pay scale of 185-00-325. Later on, the post of Overseer was re-designated as Sub-Assistant Engineer (for short, `SER'). The pay scale of SERs in OSEB was revised from time to time. Since scale of pay of SERs appointed directly by the OSEB was higher in comparison to the Sub-Assistant Engineer on deputation with OSEB and who were initially appointed by the Government of Orissa as Overseers, it was decided to provide such SERs (er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are of the opinion that annexure-6 decision of the Government regarding protection of pay is in effect a negative of the concept for pay protection. It was in pursuance of Government decision that though recruited by the O.S.E.B they were promoted by the Government to the rank of Assistant Engineer when they were enjoying higher scale of pay than the Sub-Assistant Engineers under the Government. Since the applicant was drawing pay at ₹ 874.00 per month in the scale of pay of ₹ 480.00-970.00 he could not be dragged to a lower scale of pay of ₹ 410.00-840.00 and his pay was fixed at ₹ 850.00 leading to reduction in his pay to the extent of ₹ 110.00 per month. This can hardly be called protection of pay which is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held by him, initial pay in the time scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay has accrued: Provided that where a Government servant, immediately before his promotion or appointment to higher post, is drawing pay at the maximum of the time scale of the lower post, his initial pay in the time scale of the higher post shall be fixed at the stage, next above the pay notionally arrived at by increasing his pay in respect of the lower post by an amount equal to his last increment in the time scale of the lower post: Provided further that the provision of this sub- rule shall not apply when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Circular dated June 18, 1982 contemplates that the completed years of service rendered by SERs under the OSEB should be treated as having been rendered under the Government in the Government scale of SERs and their pay in the scale of Assistant Engineers under the Government be fixed following the principle under Rule 74(b) of the Code. The aforesaid Circular was modified by a subsequent Circular dated March 17, 1983 whereby a clarification was made that in case of promotion of SERs of OSEB to the rank of Assistant \Engineer under Government, if the pay so fixed as per principles laid down in the Government Circular dated June 18, 1982 becomes less than the pay last drawn by them under the Board, the difference may be allowed to them by re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant's pay has to be fixed in accordance with Rule 74(b) of the Code and not otherwise. The view of the Tribunal, therefore, that the appellant's pay be fixed on his promotion to the rank of Assistant Engineer (Electrical) taking his last pay drawn in the rank of Sub-Assistant Engineer and following the provisions of Rule 74(b) of the Code being eminently just, proper and in accordance with law warranted no interference at the hands of the High Court. 13. Appeal, accordingly, has to be allowed and is allowed. The order dated March 2, 2006 passed by the High Court impugned in the present appeal is set aside and the order dated December 23, 1999 passed by Orissa Administrative Tribunal is restored. The differential salary s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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