CAT orders Admn to give full pay to staff during probation

Tribune News Service

Chandigarh, May 22

The Central Administrative Tribunal (CAT) has directed the UT Administration to pay full scale benefit to the clerks and typists who were being paid minimum pay scale during their probation period of two years.

In an application, at least 16 clerks and typists (Group C) had submitted that they were aggrieved by an order dated January 15, 2015, wherein the Punjab Civil Services Rules were amended and adopted by the Chandigarh Administration on July 10, 2015. Going by the amendment, the Administration had decided that newly recruited employees would be paid fixed emoluments i.e. minimum pay scale/salary of the pay band without any grade pay or annual increment during the first two years of probation. They were not to be paid any allowance except for travelling allowance.

Further, on their confirmation, the probation period would not be counted towards permanent service.

It was submitted that the applicants were appointed as clerks and typists in the pay scale of Rs 10,300-Rs 34,800 with Rs 3,200 as grade pay. When they were appointed on September 19, 2016, they were granted grade pay. However, as per clause 4 of the appointment letter, the Administration inserted a condition that applicants would be paid fixed emoluments, which would be the minimum pay band for the post, during the probation period of two years and during the extended period of probation, if any, and that no grade pay, annual increment or other allowances, except travelling allowance, would be payable.

The counsel of the applicants argued that the notification issued by Punjab, which was adopted by the UT, had already been held illegal and quashed on October 26, 2018, by the Punjab and Haryana High Court. Therefore, he prayed for quashing the notification dated January 15, 2015, issued by Punjab being in violation of Articles 14 and 16 of the Constitution of India, and setting aside of the adoption letter dated July 10, 2015, issued by the UT.

After hearing the arguments, CAT quashed the letter adopted by the UT Administration and directed that consequential benefits be given to the applicants.