GOVT OF NCT OF DELHI Vs. HARGIAN SINGH

JUDGEMENT

(1.) WE have heard learned counsel for the parties and with their consent we proceed to dispose of the petition at the admission stage. The petitioner, Union of India impugns the order dated 02. 09. 2008 passed by the Central administrative Tribunal, Principal Bench, New Delhi in O. A No. 468/2008 whereby the aforesaid original application preferred by the respondent herein has been allowed and the petitioner has been directed to make over to the respondent arrears of pay and allowances of the promotional post of Grade II (DASS) w. e. f. 03. 10. 1997 till 26. 07. 2004 with all consequential benefits.

(2.) THE respondent was appointed as a Sub Inspector in Co-operative Societies on 08. 12. 1964. He was promoted as UDC/gr. III on 14. 11. 1980. He was transferred to the Labour Department of Directorate of Education on 05. 12. 1994 and was then posted at District Central in diverted capacity with direction to work in personnel branch vide order dated 23. 12. 1994. He superannuated on the said post on 31. 10. 2005.

(3.) THE respondent was found fit for promotion by the DPC to the post of Grade II (DASS) subject to vigilance clearance and his ACRS for the period 1994-95 and 1996-97 being made available. Despite the aforesaid recommendation of the DPC, the respondent was not promoted to the post of Grade II (DASS) on account of the non- availability of his ACRs. Persons junior to him were however promoted. The respondent represented against his supersession. He was once again overlooked for promotion and his juniors were promoted to the post of Grade II (DASS) in 2003. On 26. 07. 2004 he was given promotion w. e. f. 03. 10. 1997 notionally. Consequently, he was denied pay and allowances of the promotional post for the period 03. 10. 1997 to 26. 07. 2004. The respondent represented against the denial of the pay and allowances of the promotional post for the past period. However the petitioner did not relent. The respondent then preferred O. A. No. 1795/2007 which was disposed of by the Tribunal on 04. 10. 2007 ex parte, with the direction to the petitioners to pass an order on the representation of the respondent in accordance with law as expeditiously as possible and preferably within two months from the date of receipt of the said order.