UOI & ORS. Vs. SH. B.D. PHULARA

JUDGEMENT

(1.) THE petitioners, Union of India through the Secretary, Ministry of Home Affairs and Ors., have challenged the order dated 18th April, 2011 passed by the Central Administrative Tribunal, Principal Bench in OA No.1882/2009 titled as "Sh.B.D.Phulara v. UOI and Ors." allowing the original application of the respondent and setting aside the show cause notice dated 6th March, 2009 and order dated 26th March, 2009 whereby the pay of the petitioner was stepped down from the pay which had been fixed as per the order dated 27th June, 2001. The Tribunal upheld the order dated 27th June, 2001 and granted all the consequential benefits accrued to the respondent on account of setting aside the order dated 26th March, 2009.

(2.) RELEVANT facts to comprehend the disputes between the parties are that the respondent was appointed to the post of LDC through direct recruitment on 17th February, 1969 and he was posted at 2nd Signal Bn., CRPF, in Rampur (UP). The respondent was thereafter transferred to different places and promoted in the cadre to the post of UDC on 16th June, 1975 pursuant to the departmental examination conducted in the year 1974. On being promoted as UDC, the respondent was transferred from 1 Signal Bn., to 3 Signal Bn., CRPF.

(3.) THE respondent was promoted by order dated 24th May, 1988 and therefore, in terms of OM dated 26th September, 1981 he had time to exercise his option till 24th June, 1988.