SUPREME COURT OF INDIA

Before:- D.P. Mohapatra and Brijesh Kumar, JJ.

C.A. Nos. 2490-91/1994 with I.A. Nos. 7496-7497 of 1997. D/d. 13.02.2002.

Union of India - Petitioner

Versus

A. Lakshminarayana &Ors. - Respondents

Pay scale - Revision of pay scales - Benefit of military service - Respondents are members of cadres of Barrack Store Officers and Administrative Store Officers are a part of Military Engineering Service (MES) - Benefit of concordance table for revised scale of pay of Engineers, Architects and Surveyors, whose cadres are also included in MES, is applicable to the cadres of Barracks Store Officers and Administrative Store Officers in same service.

[Para 8]

ORDER

D.P. Mohapatra, J. - We have heard Shri V.C. Mahajan, learned senior counsel appearing for the appellant and Mrs. Urmila Sirur, learned counsel appearing for the respondents.

2. In these appeals, the question for consideration relates to the applicability of the concordance table provided in the office memorandum dated 12.1.1976 of the ministry of defence, Government of India, to the respondents. The respondents are members of the cadres of barrack store officers and administrative store officers. These cadres are part of the military engineering service. The dispute arises in the context of the stand taken by the Union of India that the benefit of concordance table for the revised scale of pay of engineers, architects and surveyors, whose cadres are also included in the MES, is not applicable to the cadres of barracks store officers and administrative store officers in the same service.

3. The administrative tribunal, on consideration of the case of the parties, held that the office memorandum dated 12.1.1976 also applies to the officers of the barrack and store officers and administrative store officers cadre. The tribunal allowed the original applications filed by the respondents.

4. Learned senior counsel appearing for the appellants has placed in extensor the office memorandum dated 12.1.1976 before us. On perusal of the same, we are satisfied that the tribunal rightly held that officers of the aforementioned two cadres of the MES are also entitled to the benefit of concordance table prescribed under the office memorandum. The judgment/ order passed by the tribunal is unassailable. Accordingly, the judgment of the tribunal under challenge is confirmed.

5. Coming to the question of consequential service benefits to be given to the respondents, we are of the view that since the respondents had retired from service long before filing the original applications before the tribunal, they are not entitled to get any financial benefits other than recalculation of pension on the basis of the revised scale of pay according to the office memorandum dated 12.1.1976. The revision of the pension will take effect from the date of the judgment of the tribunal in which the benefit under the aforementioned office memorandum was extended to the respondents. However, if the respondents or any of them have been paid any amount towards arrear, pay or pension then the refund of the said amount will not be insisted upon by the appellants.

6. These appeals are disposed of on the above terms. No costs.

7. We have heard learned counsel for the parties. The grievance of the appellants in this case relates to the denial of arrears and consequential financial benefits according to the revised scale of pay in terms of the office memorandum no. 2(18)/75/ D(Civ.-1) dated 12.1.1976.

8. In civil appeal nos. 2490-91/94, which have been disposed of by us today by a separate judgment/order, we have confirmed the judgment of the tribunal in which it was held that officers of the cadres of barracks and stores officers and administrative store officers of the MES are entitled to the benefits under the aforementioned Government memorandum and the concordance table for revised scale of pay is applicable to them. Regarding the question of arrear-financial benefits, we are of the view that the concerned officer of the defence ministry will take steps to calculate the arrears/dues of the appellants applying the Government memorandum dated 12.1.1976 and thereafter any arrear which has not been paid, if due, shall be paid to the appellant.

9. This exercise shall be completed within a period of six months from today. The appeals are disposed of. No costs.

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