Union Of India & Ors vs Shri Debashis Kar & Ors on 20 July, 1995
Respondents obtained the benefits by reason of the judgment of the
Tribunal. This Court as noticed hereinbefore in Debashis Kar (supra)
refused 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 review 'set up of Draughtsmen' in the said organisation in the light
of the said memorandums. But, what had not been 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. The decision of this Court in Debashis Kar.