UNION OF INDIA Vs. SUCHITRA GOSWAMI

JUDGEMENT

(1.) THE petitioner - Union of India has preferred the present writ petition under Article 226 of Constitution of India to assail the order dated 06.05.2014, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short, 'the Tribunal') in O.A. No. 3193/2012, whereby the aforesaid original application preferred by the respondent was allowed and the petitioner was directed to consider the respondent's case for notional promotion from the dates from which her juniors Arun Kumar and Sanjiv Datta were promoted to the post of Director. The respondent, however, was denied arrears of pay and salary and other attendant benefits. She was, however, held entitled to full benefits in her pensionary dues on the basis of notional promotion.

(2.) THE respondent was directly recruited to the Central Secretariat Services (CSS) on the basis of the Civil Services Examination (CSE), 1973. She was allotted 1975 batch. She earned promotions in 1981 to senior time scale of Group 'A' (Under Secretary level); in 1991 to the selection grade (Deputy Secretary level) and subsequently ante -dated to the year 1989 on the strength of order passed by the Tribunal in O.A. No. 323/1992. The respondent was fluent in Chinese and French languages and had an outstanding/very good record till the year 1986. She also did her MBA in Disaster Management.

(3.) THE grievance of the respondent was that despite approval as aforesaid, she was promoted as Joint Secretary on 15.07.2012 -just before 15 days prior to her superannuation. She claimed that she was drawing salary which was Rs. 40,000/ - less than what she would have otherwise drawn, had she been promoted in time as per the eligibility criteria. She claimed that she was drawing monthly pension of Rs. 25,000/ - approximately less than her normal entitlement.