KULWANT RAI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the central Administrative tribunal, Chandigarh bench (hereinafter referred to as 'the tribunal') dated 20/06/1988.

(2.) The facts, briefly stated are that the appellant joined as a clerk on temporary capacity in the office of the Deputy Commissioner, Ludhiana on 28/04/1952. He was confirmed on the said post of clerk on 30/09/1960. Shortly after the reorganisation of Punjab and the constitution of the union Territory of Chandigarh, the appellant was appointed as a clerk in the office of the Deputy Commissioner, Chandigarh in the Union Territory of chandigarh on 1/12/1966. The said appointment of the appellant was by way of deputation. While he was on deputation, one post of Assistant was created in the office of the Registrar of Cooperative Societies at Chandigarh. The appellant was promoted as Assistant in the office of the Registrar of cooperative Societies, in officiating capacity, on 30/12/1967. While theappellant was working as Assistant in the office of the Registrar of Cooperative societies at Chandigarh an order dated 20/08/1982 was passed whereby a. K. Vats, respondent 4 and Parmanand, respondent 5, who were working as assistants in the office of Deputy Commissioner, Chandigarh, were granted' senior scale of Rs. 600-1,120 as assistant with retrospective effect from 14/09/1978 and 17/07/1980, respectively.

(3.) The appellant feeling aggrieved by the said order filed a civil suit for a declaration that the order dated 20/08/1982 was illegal, arbitrary and against principles of natural justice as much as. by the said order the claim of the appellant to the said post/scale, by virtue of his seniority, had been ignored. On the establishment of the tribunal, the said suit was transferred to the tribunal and it was disposed of by the tribunal by the judgment dated 20/06/1988. The tribunal has found that the cadres of assistants in the office of the Deputy commissioner, Chandigarh and in the Cooperative Department were separate and distinct cadres and that the appellant belonged to the cadre of the cooperative Department and he could not claim promotion to the senior scale post of assistant in the cadre of assistants in the office of the Deputy commissioner, Chandigarh.