UNION OF INDIA Vs. LALIT KUMAR

JUDGEMENT

(1.) BY this petition filed under Article 226 and 227 of the Constitution of India the petitioner seeks to issue a writ of certiorari and to set aside the impugned order dated 19.4.2012 passed in R.A. No.192/2012 and order dated 10.1.2012 passed in O.A. No.436/2009 by the learned Central Administrative Tribunal.

(2.) THE brief facts of the present petition are that the respondent - Lalit Kumar had joined in Civil Construction Wing, All India Radio, under the Ministry of Information and Broadcasting as Junior Engineer (Electrical) on 13.04.1972 and was promoted to the post of AE (E) on regular basis on 25.7.1980. Vide order bearing No. A -22012/1/87 -CW -I dated 6.4.1987, the respondent was transferred and posted to function in the substantive capacity of Assistant Surveyor of Works (Electrical), Delhi Division II, when for some period, he was also given dual charge of Executive Engineer (Electrical), Delhi Division II, by order dated 6.4.1987. This order dated 6.4.1987 is primarily at the heart of the controversy between the parties. The petitioner had held the dual charge, as per the admitted case of the parties only for a limited period, i.e., between April 1987 to July 1988. As per the petitioner, the pay scale of the two posts i.e. of Assistant Surveyor and that of Executive Engineer were different and in fact the post of Assistant Surveyor of Works/Assistant Engineer happened to be a feeder cadre to the promotional post of the Executive Engineer, as per the Recruitment Rules, then applicable.

(3.) THE grievance raised by the petitioner in the present petition is that firstly the order dated 6.4.1987 conferring dual charge on the petitioner disentitled the respondent to claim any monetary benefits to hold the said -dual charge on the post of Executive Engineer and secondly, the respondent did not carry the substantive post of Executive Engineer in terms of the said order dated 6.4.1987. Another grievance raised by the petitioner to assail the impugned order is that the issue with regard to grant of higher pay scale pertains to the period starting April 1987 to July 1988 and the respondent had raised this issue of higher pay scale corresponding to the period when he was holding dual charge for the first time i.e., after a gap of 19 years, i.e., in May 2006.