(1.) This bunch of Original Petitions, except OP(CAT).100/2018, arise from a common order passed by the Central Administrative Tribunal dated 16.2.2017 in O.A.Nos. 1219/2013, 1195/2013, 20/2014, 961/2015, 881/2015 and 533/2015. O.A.282/2016 from which O.P.(CAT)100/2018 arose was disposed of based on the said common order dated 16.2.2017. Since the issues involved in all the Original Petitions are essentially the same and as noticed hereinbefore except O.A.282/2016, all other Original Applications were disposed of by the common order dated 16.2.2017 and O.A.282/2016 was later disposed of based on the said order dated 16.2.2017, we considered all these Original Petitions jointly and they are being disposed of by this common judgment.
(2.) The above Original Petitions are filed by the official respondents before the Tribunal in the aforementioned Original Applications. The applicants therein are the respondents in these Original Petitions. For the sake of convenience the parties are referred to hereafter in this judgment in accordance with their status in these Original Petitions. The respondents herein filed the above mentioned Original Applications before the Tribunal mainly seeking a direction to the petitioners herein to grant them the 2nd time bound upgradation in the scale of pay in the substantive cadre of Sub Divisional Engineer and to fix their pay accordingly. They also sought for re-fixation of their pay in the scale of pay attached to the post of Divisional Engineer as has been so in the case of Juniors in the said post. They also sought for stepping up of their pay to bring it at par with the pay of their juniors and to grant them all consequential monetary benefits.
(3.) The situation that constrained the respondents herein to approach the Tribunal seeking such reliefs is as follows :- The respondents herein/the applicants were granted ad hoc promotion to the cadre of Divisional Engineer and thereafter, their juniors in the cadre of Sub Divisional Engineers were given promotion to the cadre of Divisional Engineer against substantive vacancies and at the same time the respondents herein were constrained to continue on adhoc basis. Anomaly in the matter of pay had crept in due to the reason that their juniors were so promoted to the cadre of Divisional Engineer on completion of ten years in the post of Sub Divisional Engineer and in the case of the respondents, they were promoted to the said post on adhoc basis before completion of ten years. While continuing on ad hoc promotion the respondents were given second financial upgradation in IDA scale of pay and later, they were also given the scale of pay attached to the post of Divisional Engineers. Evidently being persons promoted to the post of Divisional Engineer on completion of ten years service in the post of Sub Divisional Engineer, the juniors to the petitioners obtained 2nd financial upgradation prior to the said promotion. In other words, since the respondents were promoted to the post of Divisional Engineers though on adhoc basis and then granted the scale of pay of Divisional Engineers before completion of ten years, they had no opportunity to get the 2nd time bound grade promotion in the post of Sub Divisional Engineer. It is this situation that led to an anomaly inasmuch as upon reaching the post of Divisional Engineer, such of their juniors who were promoted later than the petitioner, but after the grant of 2nd financial upgradation started drawing higher pay than the respondents herein.