1998 INSC 0647
                               All India Defence Estate Employees' Association

                                                           Vs

                                             Union of India and Others

                                         Civil Appeal No. 11418 of 1995

                                          (G. T. Nanavati, S. R. Babu JJ)

                                                      27.08.1998

                                                     JUDGMENT

1. This appeal against the order of the Central Administrative Tribunal deserves to be dismissed as
we are of the opinion that the view taken by the Tribunal is correct.

2. The only question raised before the Tribunal was whether Appellants 2 and 3 were entitled to the
benefit of one increment under Fundamental Rule 22-C on their promotion from the post of
Technical Assistant to the post of Office Superintendent Grade II in 1988. The Tribunal held that
Appellants 2 and 3 were governed by Rule 7 of the Civilians in Defence C Services (Revised Pay)
Rules, 1986 and not by Fundamental Rule 22-C. We are also of the opinion that Appellants 2 and 3
being civilians in defence services, the specific rule applied to them and not the general provision
contained in FR 22-C. Moreover, the two cadres of Technical Assistant and Office Superintendent
Grade II stood merged with effect from 1-1-1986 and the two pay scales attached to their cadres also
merged with effect from the same date. Therefore, there could not have been any promotion within
the cadre in the year 1988. That being so, the situation of granting benefit under Fundamental Rule
22-C did not arise at all because there were no promotions to a higher post or to a post carrying
higher duties. As the claim of the appellants was misconceived it was rightly rejected by the
Tribunal. We, therefore, dismiss this appeal with no order as to costs.