KAMLAPATI DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Order dated 20.10.2008 passed in Original Application No. 229/2008 by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur is being challenged vide this petition under Article 227 of the Constitution of India.

(2.) Vide impugned order Tribunal rejected the application whereby petitioner sought benefit of senior grade w.e.f. 7.10.1995 under Chattopadhyaya Pay Commission.

(3.) Appointed as Trained Graduate Teacher on 7.10.1983 petitioner was promoted Ad hoc Post Graduate Teacher (Sociology) w.e.f. 30.9.1992 in Grade Rs.16402900 (Revised Rs.650010500). While holding the post of Post Graduate Teacher petitioner was subjected to departmental enquiries and denial of senior grade as per Chattopadhyaya Commission Recommendations (which we will adverted to little later). The departmental enquiries culminating into punishment were subjected to challenge in Original Application No. 665/2001 and O.A. 773/2003. Whereas, former Original Application was disposed of with direction to the department to decide the appeal, the latter, which was directed against the punishment order and the appellate order, was allowed on 9.9.2004 and the punishment was set aside. In the interregnum, i.e., during pendency of departmental proceedings since the petitioner became entitled for consideration for senior grade, the respondent vide order dated 21.8.2002 granted senior scale of Rs.650010500 w.e.f 6.7.2002; however, with the penalty being set aside the benefit of senior scale was made effective from 24.9.1998 by order dated 14.1.2005.