UNION OF INDIA Vs. A MOHAN RAO

JUDGEMENT

(1.) A. Mohan Rao (respondent) filed T. A. No. 322/86 claiming promotion as Supervisor 'a' from the date of his appointment and to promote him to the post of Chargcman Grade I, after two years service therein with consequential benefits of seniority and pay, because he was Science Graduate.

(2.) THIS application has been allowed by order dated 30-6-1987 (Annexure P-2 ). Thereafter, m. A. No. 24/1989 was filed by S. B. Chakraborty and others, seeking review of the order passed in T. A. No. 322/86. The review petition has been partly allowed and it is ordered that no arrears would be paid to A. Mohan Rao and similarly placed persons. It is further directed that the applicants in T. A. No. 322/86 would be entitled to be considered for further promotions. SLP no. 10477/87 against this order has been dismissed on 16-11-1988. The appellants implemented the judgment, result of which was that he was granted notional promotion from 23-3-1983 to the post of Foreman and salary fixed accordingly.

(3.) THEREAFTER, in implementation of the Apex Court decision in k. K. M. Nair and others Vs. Union of India and others [1993 Suppl. (2) SCC 506], the respondent (A. Mohan Rao) was reverted by order dated 21-1-1994 to the post of Assistant Foreman. Therefore, excess amount paid to him as foreman was recovered from his gratuity, since he had superannuated by this time.