UNION OF INDIA Vs. JAI PRAKASH KALWANI

JUDGEMENT

(1.) THE petitioners, Union of India & Others, through Secretary of Ministry of Finance, have challenged the order dated 30th July, 2007 in OA No.2012 of 2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, titled ,,Jai Prakash Kalwani & Others v. Union of India & Others, holding that for DEOs, Programme Assistant/ Console Operator, in the pay scale of Rs.5500-9000 is the next higher grade in the hierarchy in the cadre, and therefore, the respondents/applicants before the Tribunal were entitled for the post of Programme Assistant/Console Operator, in terms of 1990 rules and entitled to be considered for promotion to the said grade on acquiring eligibility subject to availability of vacancies and the action of the petitioners in granting them first financial upgradation in the scale of Rs.5000-8000 by order dated 8th April, 2004 cannot be sustained in law.

(2.) AGAINST the order dated 30th July, 2007 the above noted writ petition was filed by the petitioners. During the pendency of the present writ petition, respondent Nos.6 to 9, Sh.Surinder Kumar, Ms.Anupma Pahwa, Ms.Suman Sharma & Sh.Mahesh Chandra had filed an application being CM No.13121 of 2009, contending inter- alia, that they do not want to take or retain any benefit under the order dated 30th July, 2007 of the Principal Bench, Central Administrative Tribunal and they may be allowed to appear in the departmental examination for Income Tax Inspectors which was scheduled from 26th October, 2009 with all consequential benefits. On the application of respondent Nos.6 to 9, they were allowed to appear provisionally in the departmental examination pursuant to order dated 22nd October, 2009. The application was allowed by order dated 30th October, 2009 permitting respondent Nos.6 to 9 not to avail the relief granted by the Tribunal by order dated 30th July, 2007 and the writ petition against respondent Nos.6 to 9 was allowed.

(3.) THE brief facts to comprehend the disputes between the parties are that the respondents with other applicants challenged the action of the petitioners in erroneously granting the scale of Rs.5000-8000 instead of Rs.5500-9000 w.e.f. respective dates in 2000/2001 by order dated 10th April, 2001. Respondent No.1 had become entitled for the higher scale from 31st January, 2001, whereas respondent No.2 Sh.Deepak Kandhari had become entitled from 16th May, 2000 and respondent No.3 Ms.Anupama Pahwa from 4th January, 2001. THE respondents along with other applicants had made a representation dated 14th February, 2005 however, their representation was declined by order dated 8th April, 2004 which was challenged by the respondents by filing the petition under Section 19 of the Administrative Tribunals Act, 1985.