Facts
The applicant, a retired Department of Telecommunications employee, sought implementation of an order granting him placement in the BCR Grade IV scale with effect from 2 July 1993.
Source reference: para. 2, 12–14In an administrative order dated 8 April 2014, the respondents stated the scale as Rs. 8,570–245–12,245, an IDA scale. They later issued a corrigendum substituting the CDA scale of Rs. 2,000–60–2,300–EB–75–3,200, which they said applied in 1993.
Source reference: para. 2, 12–14The applicant challenged the corrigendum, contending that he was entitled to the scale stated in the earlier order.
Source reference: para. 2, 12–14His entitlement to BCR placement arose from an earlier OA allowed by the Tribunal, whose outcome was upheld on challenge by the respondents.
Source reference: para. 2, 12–14Issues
1. Whether the applicant was entitled to the IDA pay scale or the CDA pay scale with effect from 2 July 1993.
Source reference: para. 112. Whether the respondents could correct the IDA scale stated in the 8 April 2014 administrative order by corrigendum.
Source reference: para. 14–16Law Applied
No statute, regulation, or judicial precedent is identified as the basis of the decision.
Source reference: no citationThe Tribunal applied the principle that an inadvertent or clerical error in an administrative order does not create a substantive entitlement contrary to the governing pay structure or the circumstances prevailing at the relevant time.
Source reference: para. 12, 15It also proceeded on the factual distinction that the applicant remained under the CDA pay pattern until BSNL’s formation on 1 October 2000, when IDA pay scales came into existence.
Source reference: para. 12, 15Reasoning
The Tribunal found that the applicant’s placement in the BCR grade from 2 July 1993 implemented the relief granted in the earlier OA, but that the applicable scale for that period was the CDA scale.
Source reference: para. 14–16The IDA scale had been inserted in the 2014 order by mistake; because IDA scales were introduced only upon BSNL’s formation in 2000, the mistaken reference could not confer an entitlement to that scale retrospectively from 1993.
Source reference: para. 14–16The Tribunal therefore considered the correction to the CDA scale justified.
Source reference: para. 14–16Holding
The Tribunal held that the applicant was not entitled to the IDA scale of Rs. 8,570–245–12,245 with effect from 2 July 1993 and upheld the correction to the applicable CDA scale.
It dismissed the OA with no order as to costs.
Source reference: para. 15–16Original Court PDF
K SRINIVASALUvsBharat Sanchar Nigam Ltd
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