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1992 (10) TMI 268 - SC - Indian Laws

Issues: Pay fixation upon permanent absorption in CBI, reduction in basic pay, comparison of pay scales between parent office and CBI.

Upon permanent absorption in the Central Bureau of Investigation (CBI), an Assistant Sub-Inspector of Police saw a reduction in his basic pay, leading to a representation highlighting the incorrect fixation. The appellant contended that the basic pay should not have been reduced solely based on the overall pay being higher, citing decisions from other Tribunals. The Central Administrative Tribunal rejected this argument, prompting an appeal. The Tribunal's analysis involved comparing the dearness allowance available under Tamil Nadu Government Pay Scales with that under the Central Scales, noting that the scales were not comparable due to differing revision dates. The Tribunal concluded that there was no real reduction in basic pay for the appellant, considering the addition of dearness pay. However, the Supreme Court disagreed with this reasoning, citing a previous judgment that basic pay cannot be reduced upon absorption. The Court allowed the appeal, emphasizing that the same principle applied in this case as well.

 

 

 

 

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