R K BANSAL Vs. UOI

JUDGEMENT

(1.) THIS writ petition impugns the decision rendered by the Central Administrative Tribunal, Principal bench, New Delhi, on 31st March, 2004 in OA No.1800/2003. By that decision, the Original Application of the petitioner was dismissed after concluding that the petitioner is not entitled to the monetary benefits of the post of Director (F & VP) in the Ministry of Food Processing Industries.

(2.) IN short, the petitioners case is that to deny him the monetary benefits of the post of Director (F & VP); while continuously taking the full work of that post from him right from 25.1.1991 till his retirement nearly 161/2 years later, on 31.3.2007, under the garb of a, "current charge", and that too after bestowing full powers of that post, including that of a Licensing Officer, on him, is, under the circumstances, not sustainable in law.

(3.) ON 31st December, 1990, the post of Director (F&VP) fell vacant. As already noticed, recruitment to this post is governed by the Food and Nutrition Board (Non Secretariat Gazetted Post) Recruitment Rules, 1967. Admittedly, the rules provide for promotion as the first method only from the grades of Senior Marketing Officer (Fruit Products) and Deputy Director (F&VP), with five years regular service in the respective grade. No officer from these two grades had the requisite length of service to be eligible for promotion.