UNION OF INDIA Vs. BANSI DHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.09.2011 passed by the Central Administrative Tribunal, Principal Bench, whereby OA No. 2760/2010, filed by the respondent was allowed. The brief facts giving rise to the filing of the petitioner are as under:-

(2.) The Tribunal noted that the second ACP granted to the respondent had never been withdrawn and in fact change of pay scale w.e.f 17.06.1981 was considered by authority only as re-classification/re-designation. The Tribunal felt that the audit authorities have considered the aforesaid change as promotion without giving any reason and the contention of the audit authorities was baseless and contrary to the petitioners? own record. The Tribunal was of the view that only one promotion had been granted to the respondent and that was to the position of FGM (HS). The Tribunal consequently allowed the OA and directed the petitioners before this Court (respondents in the OA) to re-fix the respondent?s pay in the pay scale of Rs 5000-6000 w.e.f. 12.06.2002 when he completed 24 years of service and also pay to him in the revised pay scale in terms of the recommendations of the 06 th Pay Commission w.e.f. 01.01.2006.

(3.) It is not in dispute that the respondent was promoted to the position of Fitter General Mechanic HS (II) w.e.f 02.10.1999. The only question before us is as to whether the respondent was promoted from the position of Mazdoor to that of Motor Pump Attendant w.e.f. 12.06.1981 as is claimed by the petitioner or there was no promotion as such to the respondent and all the posts of Mazdoor were upgraded and re-designated as Motor Pump Attendant, as was claimed by the respondent.