UNION OF INDIA Vs. UMESH KUMAR MISHRA

JUDGEMENT

(1.) The petition is directed against an order passed by the Central Administrative Tribunal, Guwahati Bench on May 9, 2019. According to the petitioner, the order under challenge failed to take into account the Ministry of Mines, Central Geological Service Group 'A' Rules, 2010.

(2.) In the order impugned, the Tribunal referred to the case made out in the petition and observed that it was evident from a DoPT order dated April 24, 2009 that as and when IAS officers are posted on Central deputation, organised Group 'A' officers who are "senior by two years or more are entitled to be granted NFU in PB-3 and PB-4". The Tribunal noticed that such benefits had been extended to all who occupied HAG (Higher Administrative Grade) by an order dated January 4, 2011. The Tribunal also asserted that the Tribunal's order of October 23, 2012 pertaining to Dr. Badri Singh Bhandari had attained finality. The Tribunal found that the petitioner before it should have been given the corresponding benefit, referred to a judgment of CAT, Ernakulam rendered on October 26, 2016 and another by CAT, Bangalore on March 19 of 2012 to conclude that no order contrary to such order had been issued by any other forum.

(3.) The Tribunal found that the respondent herein was entitled to get upgradation in the relevant pay scale with effect from January 1, 2006. Nothing was shown by the Union to detract from such position as to the entitlement of the respondent herein.