Heard.
2. The applicant had been selected as LDC, but he had the qualification of a lawyer and, therefore, the Department had very wisely utilised his services as Legal Assistant from 1996 onwards. He had been given a charge allowance of Rs.2500/- somewhere during 2008. Apparently, from an earlier point onwards the applicant had requested for scale of pay of Legal Assistant, but that has not been granted on the ground that charge allowance has been given to him for performing higher responsible duties. The Department also admits that his services have been utilised as Legal Assistant. Their case is that he has not been legally appointed as Legal Assistant and, therefore, he cannot be granted the pay scale of Legal Assistant. It is further contended by them that he is actually helping in the work of Legal Assistant and is not actually appointed as Legal Assistant and, therefore, he is not entitled for the pay scale of Legal Assistant. But, this will not do. If the respondents were extracting the work of Legal Assistant, they are bound to pay for the work which he is performing. Therefore, we will hold that the applicant will be entitled to the scale of pay for the work, which he has been doing and not as per his appointment, which is technical in nature. Therefore, it is ordered to grant him pay scale of Legal Assistant and to pay arrears arising therefrom within three months.
3. At this point of time, the respondents raise issue regarding RR for methodology of deputation/ absorption of Legal Assistant. There will not be any harm for the respondents either to depute or absorb him as Legal Assistant according to the rules and interpretation. It is crystal clear that having put the applicant to serve as Legal Assistant, he should have been paid wages of Legal Assistant. In this connection it is noted that the respondents have powers to relax RR and having his services utilised, this discretion to exercise the relaxation also is very prominent.
4. The O.A. is allowed. No costs. (Rudhra Gangadharan) (K.B.Suresh) Administrative Member Judicial Member
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