VISHNU PRASAD VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant impugned the order dated 26.10.2009 (Annexure A -2) passed by respondent No. 3 rejecting his claim for fixation of pay at Rs. 4500/ - w.e.f. 1.1.1996 and Rs. 9300/ - w.e.f. 1.6.2009.

(2.) THE applicant was initially appointed on 26.6.1987 as Telecom Office Assistant (for short TOA) in the pay scale of Rs. 975 -1660. In 1992, he suffered minor penalty charge and after due enquiry, the Disciplinary Authority imposed penalty of with -holding of next annual increment for a period of three years without cumulative effect. On appeal, the Appellate Authority reduced the penalty to that of censure w.e.f. 27.3.1993 vide order Annexure A -3. Aggrieved by the said order, the applicant approached this Tribunal in OA No. 511/2001. By the order dated 7.5.2004 (Annexure A -4), this Tribunal quashed the penalty of censure and respondents were directed to consider the case of the applicant for promotion to the post of Senior TOA as per rules without taking into consideration the penalty of censure imposed by the Appellate Authority.

(3.) THEREAFTER , in the light of this Tribunals order dated 7.5.2004 (Annexure A -4) and in accordance with the letters dated 31.8.1994 and 9.3.1995 regarding grant of officiating promotion to the applicant, the respondents have revised the previous order dated 21.10.2009 in the restructure cadre of Sr. TOA and passed another order dated 26.10.2009 (Annexure A -2) whereby the pay of the applicant was fixed on CDA pay scale of Rs. 1320 -2040 w.e.f. 1.1.1994 in the cadre of Sr. TOA with a further direction to fix his pay as per the provisions of FR 22(i)(a)(i) and FR 22(c) in the revised scale of Rs. 1320+30 (next increment), and his pay may be fixed at the stage of Rs. 1350 w.e.f. 1.1.1994.