COMMISSIONER OF TRANSPORT Vs. SANJAY CHILLAR

JUDGEMENT

(1.) This petition has been filed by the Govt. of N.C.T of Delhi to assail the judgment passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') dated 07.12.2009 in O.A. No.1410/2008 whereby directions have been given to the petitioner to fix the respondent in the pay scale of Rs.6500-10500 on pro-forma promotion in relaxation of the instructions and rules, because the petitioner could not put the respondent to a financial loss by not absorbing the respondent. The petitioner was further directed to grant pay scale of Rs.5500-9000 to the respondent w.e.f. 10.12.1997 to 24.08.1998 which is the pay scale of the Inspector in the borrowing department in which the respondent had worked. Further directions were given to the petitioner to comply with the directions within a period not later than three months and to pay arrears to the respondent with 8% simple interest per annum.

(2.) Briefly stating the facts of this case are that the respondent was working as Sub-Inspector in BSF in the pay scale of Rs.5000-8000 and thereafter joined the petitioner as Inspector on deputation on 06.06.1997. Vide order dated 10.10.1997, the pay scale of the Sub- Inspector as well as the Inspector in BSF were revised to Rs.5500-9000 and to Rs.6500-10500.

(3.) During the course of his working on deputation with the petitioner, the respondent was promoted to the rank of Inspector in his parent department on 24.08.1998 on the principles of next below Rule. In this regard, intimation was also sent to the petitioner which accepted and taken on record in 1998 itself. There were requests made on behalf of the parent department of the respondent to repatriate the respondent to the parent department. However, repatriation was not done till 11.09.2001.