K.B. ASTHANA Vs. UNION OF INDIA (THROUGH SECRETARY) MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK NEW DELHI

JUDGEMENT

(1.) The applicant has filed the present OA, thereby praying for the following reliefs: - (a) Direct the Respondents to approximately fix the applicants pay by accord of notional promotion at par with the similarly situated Shri D.V. Handa who had been arbitrarily granted promotion to higher Cadre than the applicant and accord the consequential benefits pensionary and otherwise with pay of Arrears worked out with interest @ 18% p.a. from the date it fell due, till it is paid keeping in view the fixation of pension as per the VI -th Pay Commissions Reports as decided by the Honble CAT (PB) New Delhi in full Judgment. (b) Pass any order or direction as deemed just and proper in the facts and circumstances of the case. (c) Award the cost of this OA in favour of the Applicant against the respondents.

(2.) Briefly stated, facts of the case are that the applicant was initially appointed as Sub Inspector on 23.5.1959 in the Department of Customs and Central Excise. He was thereafter appointed as temporary Inspector on 18.9.1970 and confirmed on 20.11.1977. The applicant was subsequently promoted to the post of Inspector SG w.e.f. 1.9.1984 and became Superintendent on 1.6.1989.

(3.) The grievance of the applicant in this case is that he should have been granted promotion to the post of Superintendent when such promotion was given to one Shri Dharam Vir Handa. It may be stated here that Shri Dharam Vir Handa was initially appointed as Inspector (OG) on 6.7.1970 whereas the applicant was promoted as Inspector (OG) on 18.9.1970, i.e., two months later than him. No doubt the promotion was given to the post of Inspector SG on the same date, i.e., on 1.9.1984 but Shri Dharam Vir Handa was granted promotion to the post of Superintendent on 10.12.1984, i.e., four and half years earlier than the applicant, who was promoted to the post of Superintendent on 1.6.1989.