NAIN SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE case of the applicant is that while he was holding the post of Accounts Officer in Central Pollution Control Board (CPCB), New Delhi, he was given the additional charge of Finance & Accounts Officer (FAO) with effect from 22.12.2004 to 21.09.2005 (9 months) and again for the period 1.12.2006 to 30.09.2009 (34 months). Therefore, his prayer is that since he was ordered to perform the duties which are attached to the post of FAO, based on the judgment of the Hon'ble Supreme Court in Selva Raj v. Lt. Governor of Island, Port Blair and others, : AIR 1999 SC 838, he is entitled to the salary attached to the higher post without treating it as promotion. The applicant also relied on Dwarika Prasad Tiwari v. M.P. State Road Transport Corporation and another, : 2002 SCC (L&S) 9, in which the Hon'ble Supreme Court held that for the period the appellants therein had discharged duties attached to the higher post, they should be paid emoluments attached to that higher post. The learned counsel for the applicant also placed before us a copy of the order of this Tribunal in OA 3614/2010, Shri R.P. Chauhan and others v. Govt. of NCT of Delhi and another decided on 27.09.2011. In this OA, the applicants had claimed that they are entitled for payment of salary in the pay scale of Principal on the principle of quantum meruit for the period they performed all the duties attached to the post of Principal, despite their posting as Vice Principal and the OA was allowed.

(2.) THE learned counsel for the applicant also drew our attention to office order dated 10.07.2006, which reads as follows:

(3.) SIMILARLY , office order dated 30.11.2006 states as follows: