DHARAMPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has assailed the order and judgment dated 27.4.2006 passed in O.A. No 165 of 2005 by the Central Administrative Tribunal, Principal Bench, New Delhi vide which the petitioner s prayers for promotion to the post of Assistant in the pay scale of Rs.425-800 revised to Rs.5500-9000, disbursement of undisbursed pay and payment of TA/DA as per CCS (Pension) Rules were dismissed by the learned Tribunal on the ground that the petitioner has not been able to prove from any factual record that he belongs to the Ministerial Cadre of CSCS while on the contrary, it has been conclusively proved that he belongs to Ministerial Cadre of Subordinate Office of CWC.

(2.) The petitioner through present writ petition seeks quashing of the order and judgment dated 27.4.2006 passed by the Tribunal. He prays that the respondents be directed to promote him to the post of Assistant in the pay scale of Rs 5500- 9000 and pay all arrears of pay, allowances and consequential benefits to the petitioner. It is also prayed that the respondents be further directed to pay the pending dues in the nature of TA/DA etc along with 18% rate of interest.

(3.) Brief facts leading to the present petition are that the petitioner vide order dated 7th December 1964 was appointed as Lower Division Clerk in the Ministry of Steel and Mines. On 31.1.1968, he was transferred to the Central Water and Power Commission without his consent and later vide order dated 11.10.1972, he was made quasi permanent and absorbed in the said Department. On 2.6.1972 he was promoted as Upper Division Clerk and was posted at CWC Circle at Jammu. The petitioner maintains that others who were promoted along with him were retained at Badarpur Thermal Power Project, New Delhi but he was singled out and sent to Jammu and Kashmir. On 01.04.1978, he was sent on Foreign Service to Bhutan and repatriated to CW and PC. The petitioner on 01.02.1984 was transferred on deputation as Junior Accountant for one year to the Principal Accounts Office, Ministry of Water sources, New Delhi. According to the petitioner, he was again repatriated to Central Water Commission, New Delhi and reported to duty on 01.07.1987 but he was neither posted in the Head office nor was he transferred to any field office. Period from 01.07.1987 till 07.03.1988 was treated as absence from duty and finally vide office memorandum dated 07.03.1988, he was asked to report to North Eastern Investigation Circle, CWC, Shillong and was promised regularization for alleged absence on joining the duty in Shillong. The said order was challenged by the petitioner before the Central Administrative Tribunal vide OA No.715 of 1988. The learned Tribunal vide its order dated 30.08.1988 directed fresh transfer and also payment of TTA as per rules. The said order was partially complied with and only transfer order was duly served on the petitioner. Further, Director (Admn.), CWC vide its order dated 16.11.1988 certified that petitioner belongs to Joint Ministerial Cadre of CWC/CEA.