JAIPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(2.) AVERMENT has been made in the O.A. that the applicant was appointed as part time Electrician on the basis of Experience Certificate on 3.7.1982 by the SSPO Karnal against the post of Technician. He was regularized as unskilled labour on 2.11.1983 and continued to perform duties of electrician against the post of Technician till he was posted to Rohtak Head Post Office when he was appointed as Group D Electrical and is performing his duties as such. Since the applicant was not allowed TBOP and BCR timely, he filed O.A. No. 1027/HR/2011 which was decided on 21.10.2011 (Annexure A -1). For getting this order implemented, the applicant approached C.A.T. Chandigarh Bench by way of CP No. 26 of 2012 and the respondents implemented the order vide Memo No. B -4/4(A) TBOP dated 4.5.2012 (Annexure A -8 and A -9). Annexure A -8 allows TBOP w.e.f. 3.7.1998 in the scale of Rs. 2650 -65 -3300 -70 -4000 and BCR w.e.f. 21.7.2008 in the scale of Rs. 5200 -20200 with Grade Pay of Rs. 2000.

(3.) IN the written statement filed on behalf of the respondents it has been stated that the applicant earlier filed the O.A. No. 683/HR/1995 in the CAT Chandigarh Bench for regularization of his services. The C.A.T. while disposing off the said O.A. directed the respondents to consider the case of the applicant for regularization of his services against any Group D post giving weightage to the fact that he remained engaged as casual labour since 1983. As per the service records, the educational qualification of the applicant was only sixth pass and he was eligible for appointment as Group D (Non Test Category). Accordingly, the applicant was regularized against one vacant post of unskilled labour in Rohtak Division and was appointed as Group D (Non test category) cadre, vide Memo dated 11.03.2002 (Annexure R -1) w.e.f. 25.2.2002 in the pay scale of Rs. 2550 -55 -2660 -60 -3200 with the initial pay of Rs. 2550/ -. The applicant joined the charge of the post on 27.3.2002. Further in pursuance of order of the CAT Chandigarh Bench in O.A. No. 1027/HR/2010 dated 21.10.2011 (Annexure A -1), the Time Bound One Promotion (TBOP) was given to the applicant after completion of 16 years of service on 03.07.1998 in the pay scale of Rs. 2650 -65 -330 -70 -4000 and Biennial Cadre Review (BCR) promotion was given to him after completion of 26 years of service on 21.07.2008 in the pay scale of Rs. 5200 -20200 + Grade pay Rs. 2000/ - vide Annexure A -8.