BHASKAR GUHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this instant petition has called in question the order dated 09.11.2017 passed in Original Application No.203/1114/2011 (for short, 'OA') whereby the OA filed by the petitioner was dismissed.

(2.) Brief facts relevant for disposal of this petition are that on 17.09.1996, the petitioner was appointed as Ticket Collector in the pay scale of Rs.3050-4590/-. Subsequently, he was promoted as Goods Guard in the pay scale of Rs.4500-7000/- on 15.03.2003. On his own request and willingness, he was transferred and posted as Guard Counsellor w.e.f. 21.03.2005. After passage of time, the petitioner became eligible for the post of Section Controller but looking to his seniority, he was not promoted immediately. The petitioner made representation for correction of his seniority and after correction of seniority, he has been promoted on the post of Section Controller w.e.f. 03.01.2006. The petitioner made representation that he is eligible for the promoted post of Section Controller w.e.f. 03.03.2005, which was subsequently accepted and granted him benefit of promotion vide order dated 19.10.2006 but monetary benefit was granted form the order dated 03.01.2006, the date on which he joined the promotional post.

(3.) The Ministry of Railways notified the Revised Pay Rules, 2008 (for short, '2008 Rules') and made it applicable from the first day of 2006. Petitioner made a representation on 13.04.2009, ie after coming into force of 2008 Rules, mentioning therein that as on the date ie 01.01.2006, he was working as Guard Counsellor, therefore, his pay should be fixed as Guard Counsellor from 01.01.2006 as per provisions of the 2008 Rules. Claim/representation of the petitioner was rejected mentioning therein that the petitioner has been granted promotion on 03.01.1996 and also notional promotion on the post of Section Controller w.e.f. 03.03.2005 and also, considering the date of coming into force the 2008 Rules. The petitioner filed Original Application bearing No.732 of 2009, which came to be disposed off by the Central Administrative Tribunal, Jabalpur Bench at Bilaspur vide order dated 18.05.2011 wherein following order has been passed: