J P SHARMA Vs. DIRECTOR GENERAL BORDER ROADS

JUDGEMENT

(1.) The present petition is directed against (A)Apprehension Roll, issued vide No. 1011/219/14/E dated 17/09/1988,by the respondent Border Roads Organisation, on the ground, that the petitioner was absent without leave with effect from 26/05/1988, and thus committed a cognizable offence under Section 39 of the Army Act, 1950, (B) theorder issued vide letter No.l07171/JPS/210/92/E dated 6/08/1988, which,inter-alia, stated that the notice of voluntary retirement, given by the petitioner,is subject to acceptance by the Appointing Authority. The voluntary retirement notice cannot be accepted by the Appointing Authority, till completion ofthe Court of Inquiry, being conducted against one of the other members of thestaff.

(2.) The brief facts, which are relevant for the present controversy, arethat the petitioner joined service in the Border Roads Organisation of theGeneral Reserve Engineer Force as a Civilian Superintendent B/R Grade II on 3/08/1966. He was promoted as superintendent B/R Grade I as fromDecember, 1975. The petitioner was appointed as Assistant Engineer (Civil)on adhoc basis with effect from 27/02/1985, and worked as such forabout 2 years and 7 months from 26/02/1985, to 8/09/1987, andhe was reverted to the post of Superintendent, B&R Grade I from 9/09/1987. The respondents have filed a counter affidavit giving out dates in thisregard, but the same are not relevant for the purposes of present controversy.The petitioner further stated in the petition that at the time of his adhoc promotion/appointment, he was drawing pay at the rate of Rs. 750.00 per month inthe pay scale of Rs. 550-20-65-25-750 (the revised scale as per 4th pay commission is Rs. 1640-6-26-EB-75-2900).

(3.) The pay of the petitioner in the scale of Rs. 2000-60-2300-EB-75-3200-100-3500 in accordance with the revised pay Rules 1986, was fixed asRs. 2375.00 with effect from 1/01/1986. The petitioner submitted that theincrements, which fell due in the post of Assistant Engineer (Civil), with effectfrom 26/02/1986, raising basic pay to Rs. 2450.00 and from 26/02/1987 raising basic pay to Rs.2525.00, have not been granted in spite of hisrepresentations, though the respondents contended that petitioner is workingpurely as adhoc Assistant Engineer (Civil) from February 27,198 5/01/1986, in the pay scale of Rs. 2000-3500, and relinquished this post of AdhocAssistant Engineer (Civil) with effect from 1/02/1986. The petitionerthus stood reverted to the post of Superintendent Roads Grade I in the payscale of Rs. 1640-2900, Therefore, petitioner was not entitled to annual increment with effect from 26/02/1986 in the post of Adhoc Assistant Engineer (Civil). Petitioner had again assumed the appointment of Adhoc AssistantEngineer with effect from 3/03/1986 only and in view of this, he is notentitled to any annual increment with effect from 26/02/1987 too, asadhoc Assistant Engineer. The respondents further submitted in their replythat the petitioner was not entitled to any-increment in" Grade AssistantEngineer after 5/04/1987.