M.K. CHAUDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to an order dated May 2, 2019, passed by the Central Administrative Tribunal, Principal Bench, ('Tribunal', for short) in M.A. No. 2464/2016, filed by the petitioner herein, whereby the Tribunal has closed the MA filed by the petitioner for execution of the order passed in the Original Application No.3648/2012 dated September 3, 2014. The Original Application No.3648/2012 was filed by the petitioner challenging the order dated November 25, 2010, through which the petitioner's representation dated September 24, 1999 claiming the benefit of appointment as Deputy Secretary on in situ basis w.e.f. August 9, 1999 was rejected.

(2.) The OA was allowed vide order dated September 3, 2014 whereby the order dated November 25, 2010 was set aside and the Tribunal directed as under:

(3.) From the above, it is noted that the case of the respondents in the reply to the OA was that no officer junior to the petitioner has been granted higher pay in the pay scale of Deputy Secretary w.e.f. August 9, 1999. The Tribunal was of the view that the reason given by the respondents is actually incorrect in the face of the document made available by the petitioner. The petitioner had produced copies of the select list for Deputy Secretary Grade for the year 2004-05 and as a fact, the petitioner was included in the select list of 2004 at Serial No.44.