with the National Thermal Power Corporation (in short, ‘NTPC’) on 04.08.2009 and had been subsequently confirmed in the pay scale of Rs.24900-50500 with effect from 04.08.2010. Thereafter, he was appointed as a Direct Recruit in the Indian Railways Service Mechanical Engineers (in short, ‘IRSME’), through UPSC Engineering Services Examination, 2009, as a probationer on 28.02.2011. Upon completion of his probationary training, the petitioner sought pay protection vide his application dated 08.03.2013, followed by several reminder letters. However, the respondent no.1, by an Order dated 08.09.2020, rejected his representations reiterating that the benefit of pay protection was not available to candidates selected through an open competitive examination and was confined only to the appointments made through an interview. The petitioner challenged the said Order by way of the above O.A. 3. The learned Tribunal placing reliance on the Judgment of this Court inter alia in Sanjog Kapoor v. Union of India & Ors., (Judgment dated 20.04.2007 passed in W.P.(C) 5518/2004) in its Impugned Order found merit in the challenge of the petitioner. Accordingly, the learned Tribunal set aside the Order dated 08.09.2020 passed by the respondents, by which the petitioner’s plea for pay protection had been rejected. The learned Tribunal, however, restricted the benefit of pay protection to the petitioner prospectively, directing that the same shall not result in payment of any arrears.
