JOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner claims that he had qualified RF(AMTF) Section A&B and was appointed Inspector of Works, Grade-II in the Railways on 14.2.90. According to him, he was entitled to six advance increments for possessing higher scientific/technical qualification vide Railway circular No.RBE No.30/90 dated 14.2.90 but Respondents had declined to grant these to him. He felt aggrieved and approached CAT in OA.No.2998/97, which was dismissed by impugned order dated 12.8.98 with Tribunal holding that incentives provided in the circular were available to employee in service who acquired a higher qualification.

(2.) Petitioner assails this order and insists that higher technical/scientific qualification prescribed by the circular was to be possessed at any time and not necessarily after entry in Railway service. He seeks support for this from a Tribunal order in (OA.2646/96) decided on 14.12.97 and also from Andhra Pradesh High Court judgment in CUP.5739/72.

(3.) Respondents oppose this on the plea that this circular was in continuation of first Railway circular dated 25.5.89 which in turn was dependent on first circular dated 19.8.66 which made it clear that such incentive was available to serving employee.