LAWS(DLH)-2011-9-251

UNION OF INDIA Vs. S K GANGAL

Decided On September 16, 2011
UNION OF INDIA Appellant
V/S
S.K.GANGAL Respondents

JUDGEMENT

(1.) The petitioner, Union of India, through the Chief Personnel Officer, West Central Railway, has impugned the order dated 12th May, 2010 passed by the Central Administrative Tribunal, Principal Bench passed in OA No. 3522/2009 in MA No. 660/2010 titled as 'Sh. S.K. Gangal Vs. UOI and Ors.' allowing the original application of respondent no.1 and directing the petitioner to give proforma officiating promotion under the NBR (Next Below Rule) from 20th August, 2004 when the officer immediately junior to respondent no.1 was granted ad hoc promotion to senior scale. As a consequence of this, the Tribunal also directed the petitioner to re-fix the pay of respondent no.1 as well as to re-calculate his post retiremental benefits and to pay the amounts due to respondent No.1 with 6% simple interest per annum.

(2.) The relevant facts to comprehend the disputes between the parties are that respondent no.1 was appointed as an Apprentice Mechanic (DH Electronics) through the Railway Recruitment Board, Mumbai and he joined the Railways on 22nd December, 1984. He was posted at the Itarsi Diesel Shed on the Central Railway. Later on he was placed on the panel of Group 'B' Officers (Class II) on qualifying the Limited Departmental Competitive Examination on 5th February, 1997 and thereafter he was promoted and posted as Assistant Electrical Engineer (TRO), Bhopal.

(3.) On 30th November, 2000, respondent no.1 was sent on deputation to DMRC and was posted as Divisional Electrical Engineer in the grade of 10,000-15,200/- on usual deputation terms in the DMRC at New Delhi.