UNION OF INDIA Vs. SUSHILA SINGH

JUDGEMENT

(1.) The respondent was working as Enquiry-cum-Reservation Supervisor when the petitioner directed her to work as Chief Reservation Supervisor in place of an employee who reported sick on 07.11.1996. However, the respondent was not given the salary for the post of Chief Reservation Supervisor which is in the pay scale of Rs.6500-10500. The respondent approached the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal) by filing O.A. No.1710/2006 which was disposed of vide order dated 22.08.2006 when directions were given to petitioner to consider the Original Application filed by the respondent as a representation and to dispose of the same.

(2.) An order was passed by the petitioner rejecting the claim of the respondent as untenable. She again filed an O.A. No. 1551/2007 which has been allowed by the Tribunal vide order dated 06.12.2007 directing payment of officiating allowance to the respondent from 07.11.1996 till the date of the passing of the order. It is this order which has been assailed before us by way of the present writ petition.

(3.) It has been submitted on behalf of the petitioner that the respondent, Mrs. Sushila Singh as well as one Mr. Shiv Kumar Chadha were working under the administrative control of CCM/TT, IRCA when Mr. Shiv Kumar Chadha became sick & went on leave. Then, the respondent who was working as Enquiry-cum-Reservation Supervisor in the grade of Rs.5500-9000 was directed to officiate as Chief Reservation Supervisor/Records in his place. The said post was in the pay scale of Rs.6500-10500. Salary for the said post was not given to the respondent because the post of the Chief Reservation Supervisor in the grade of Rs.6500-10500 was a selection post to have been filled up in accordance with the rules governing promotion of Group C staff contained in Chapter II of Indian Railway Establishment Manual (for short IREM), Volume-1. It was also pleaded that the claim of the respondent was also stale as she filed her application bearing O.A. No.1710 only in 2006, i.e., almost after 10 years.