UNION OF INDIA (UOI) Vs. SURINDER KUMAR

JUDGEMENT

(1.) THE Petitioner, Union of India through the Secretary, Directorate of Health Services has challenged the order dated 5th December, 2007 passed in OA No. 2664/2006, MA No. 2365/2006 and MA No. 1617/2007 by the Central Administrative Tribunal, Principal Bench, New Delhi titled as Sh. Surinder Kumar v. UOI and Ors., allowing the original application of the Respondent and directing the Petitioners to pay the difference of the salary of LDC to the Respondent from 1991 to 2006.

(2.) BRIEF facts to comprehend the disputes are that the Respondent was appointed in the Central Government Health Scheme as a Dresser (Group D) w.e.f. 19th April, 1979. He continued to work as a dresser till 1991 when he was posted in the Ayurvedic Hospital, Lodhi Road w.e.f. 14th March, 1991. The Respondent had continued to work in the Ayurvedic hospital since then, however he was asked to perform the duties of Lower Division Clerk (LDC) w.e.f. 25th April, 1991 and thereafter the Respondent continuously looked after the work of registration, preparation and submissions of IPD and OPD monthly report to the higher authorities. The Respondent contended that since there was no post of LDC, he was asked to perform the duties of LDC which he continued to perform from 25th April, 1991. The order dated 14th March, 1991 transferring the Respondent from the Central Government Health Scheme Dispensary, Ghaziabad to Central Government Health Scheme, Ayurvedic Hospital Ali Ganj had not stipulated that on transfer, he would work only as a Dresser, Grade -D post.

(3.) THE Respondent had submitted a representation dated 25th January, 1993 for considering his case for promotion to the post of LDC, and if this was not possible, he requested that he may at least be given the difference in the pay of a dresser and an LDC. The Respondent gave various other representations, which were forwarded by the Administrative Officer (NG) by order dated 6th August, 1993. The Respondent contended that he had made many personal visits to various authorities, and every time he used to be assured that on fixation of his pay, the difference in the salary of LDC and dresser will be paid and after completion of this process he would be communicated. However no decision was taken, rather he was transferred back to the Central Government Health Scheme.