UNION OF INDIA Vs. TRIBHUVAN NATH KUSHWAHA

JUDGEMENT

(1.) -This writ petition has been filed against the impugned orders of the Central Administrative Tribunal dated 4.12.2001, Annexure-1to the writ petition, and 3.6.2002, Annexure-1A.

(2.) HEARD learned counsel for the parties.

(3.) THE case of the petitioner before the Central Administrative Tribunal was that the respondent No. 1 was never designated as Court Master or Court Officer and he continued to work as U.D.C. during this period as is evident from the order dated 10.9.1990, 6.11.1995, 12.8.1996 and 29.10.1996. It was alleged by the petitioner that the respondent No. 1 could not have been appointed as Court Officer for which eight years of continuous regular service as Assistant was required as per C.A.T. Recruitment Rules while the respondent No. 1 was only U.D.C. at that time. True copy of the C.A.T. Recruitment Rules is Annexure-7 to the writ petition. It is alleged that the post of Court Master in the scale of Rs. 1,400 to 2,600 is a promotional post from the feeder grade of Stenographer grade-D while the respondent No. 1 was U.D.C., belonging to a different feeder grade. THE feeder grade/ promotional channel of Sri Kushwaha was L.D.C. to U.D.C. then from U.D.C. to Assistant and then from Assistant to Court Officer/Section Officer. Thus, the respondent No. 1 is seeking relief of payment of salary of Court Officer in the scale of Rs. 2,000-3,500 which is two grades higher than the post of U.D.C. in the scale of Rs. 1,200 to 2,040. Moreover the respondent No. 1 has not completed eight years of minimum regular service as Assistant nor five years of regular service as U.D.C. for promotion to Assistant. Hence he has no claim to be appointed as Court Officer or to get salary of that post. THE respondent No. 1 was only allowed to work in Court No. 2 as U.D.C. to look after the work of Court Master.