VIJAY KUMAR AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Though, the issue raised in this Special Leave Petition is very short and in a narrow campus, it has a chequered history. The question is only as to whether the petitioner is entitled to full salary from June 05, 1996. However, the background facts under which the issues have cropped up for discussion need to be recapitulated.

(2.) Eschewing the unnecessary details, we confine the narration to only those facts which are absolutely essential and relevant to decide the controversy at hand.

(3.) The petitioner herein, after emerging as a successful candidate in the Civil Services Examination, was selected in the Indian Administrative Service ('IAS') and was allocated to Maharashtra cadre, where he joined on September 01, 1982. There were certain jerks and upheavals in the service career of the petitioner from the very beginning which need not be mentioned. Suffice it to state that the petitioner was denied senior time scale and he challenged the same by filing writ petition in the High Court of Bombay claiming that he was entitled to the senior time scale with effect from January 01, 1986. With the constitution of Central Administrative Tribunal (hereinafter referred to as the 'Tribunal'), on passing of the Administrative Tribunal Act, 1986, this writ petition was transferred to the Tribunal bearing Transfer Application No. 283 of 1986 and the Tribunal ultimately dismissed the aforesaid transfer application of the petitioner on January 19, 1987. The petitioner assailed the order of the Tribunal by filing Special Leave Petition in this Court in which leave was granted and the case was registered as Civil Appeal No. 3446 of 1987.